[2023] KEHC 22717 (KLR)
The court considered the presentencing report, which depicted the accused and his family negatively, particularly noting issues of alcoholism and lack of remorse. The absence of reconciliation efforts between the families and the regular fights between the accused and the deceased were aggravating factors. The court...
Source-derived case information.
- Citation
- [2023] KEHC 22717 (KLR)
- Parties
- Applicant: Republic; Defendant: Michael Kipkemoi Kosgei
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to twenty years' imprisonment from 6th June 2017
- Judges
- HK Chemitei
- Legal Topics
- Murder, Sentencing, Mitigation, Presentencing Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Michael Kipkemoi Kosgei
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a term of imprisonment for the offence of murder.
- 2 What weight should be given to the presentencing report and mitigation submissions.
Ratio Decidendi
The court considered the presentencing report, which depicted the accused and his family negatively, particularly noting issues of alcoholism and lack of remorse. The absence of reconciliation efforts between the families and the regular fights between the accused and the deceased were aggravating factors. The court found no mitigating circumstances sufficient to reduce the sentence below the statutory minimum. Consequently, the accused was sentenced to twenty years' imprisonment, with the sentence running from 6th June 2017, reflecting the seriousness of the offence and the lack of remorse or rehabilitation prospects.
Court Disposition
accused sentenced to twenty years' imprisonment from 6th June 2017
Orders
- The accused is sentenced to twenty years' imprisonment from 6th June 2017.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Kosgei (Criminal Case 29 of 2017) [2023] KEHC 22717 (KLR) (27 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22717 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 29 of 2017
HK Chemitei, J
September 27, 2023
Between
Republic
Prosecutor
and
Michael Kipkemoi Kosgei
Accused
Ruling
1. The accused was convicted of the offence of murdering the late Gladys Jelagat Logong on 3rd June 2017 and after trial he was convicted of the said offence and this court before sentencing and mitigation asked for a presentencing report to be prepared in respect to the accused. The same which is dated 26th April 2023 has been presented before this court.
2. The learned defence counsel submitted on mitigation that he shall rely on the presentencing report. The learned state counsel relied on the same report as well.
3. The report essentially paints a negative picture of the accused as well as his family generally. Despite being endowed with a large track of land the family is steeped into alcoholism a fact which led to deceased death. There is no evidence of any effort to reconcile the two families.
4. At the same time there is no evidence of remorse by the accused who with the deceased indulged in alcoholism and would fight regularly.
5. Taking the totality of the evidence presented as well as the presentencing report this court hereby sentence the accused to a twenty years (20) Imprisonment from 6th June 2017.
6. Orders accordingly.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 27TH DAY OF SEPTEMBER 2023. H K CHEMITEIJUDGE