[2024] KEHC 1296 (KLR)
The court found that the accused's actions were deliberate and calculated to harm the deceased, his wife, and that he ignored the pleas of his children during the assault. The court rejected the recommendation for a non-custodial sentence due to the gravity of the offence and lack of reconciliation between the...
Source-derived case information.
- Citation
- [2024] KEHC 1296 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Kiplangat Koskei
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- The accused was sentenced to fifteen years imprisonment for murder, with the sentence to run from July 8, 2016.
- Judges
- HK Chemitei
- Legal Topics
- Murder, Sentencing, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Samuel Kiplangat Koskei
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be granted a non-custodial sentence after being found guilty of murder.
- 2 Whether the period spent in custody prior to sentencing should be considered in determining the sentence.
Ratio Decidendi
The court found that the accused's actions were deliberate and calculated to harm the deceased, his wife, and that he ignored the pleas of his children during the assault. The court rejected the recommendation for a non-custodial sentence due to the gravity of the offence and lack of reconciliation between the families. However, the court took into account the period the accused had already spent in custody since July 8, 2016, as he was unable to secure bail. Consequently, the court imposed a custodial sentence of fifteen years, to run from the date the accused was first remanded in custody.
Court Disposition
The accused was sentenced to fifteen years imprisonment for murder, with the sentence to run from July 8, 2016.
Orders
- The accused is sentenced to serve fifteen years custodial sentence from July 8, 2016.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Koskei (Criminal Case 40 of 2016) [2024] KEHC 1296 (KLR) (15 February 2024) (Sentence)
Neutral citation: [2024] KEHC 1296 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 40 of 2016
HK Chemitei, J
February 15, 2024
Between
Republic
Prosecutor
and
Samuel Kiplangat Koskei
Accused
Sentence
1. This court on June 14, 2023 found the accused herein guilty of murdering the deceased Lydia Muthoni who was his wife.
2. The court before sentencing and mitigation directed that a pre-sentencing report be prepared. The same dated November 8, 2023 has been placed before the court.
3. The report erroneously indicates that this court found the accused guilty of the lesser charge of manslaughter. The truth is that the court found him guilty of the offence of murder.
4. I have read the report and the mitigation by the accused and the reply by the state. Although the families are yet to reconcile, the action by the accused was calculated to harm the deceased. The accused did not heed the cries from his children but went ahead to assault the deceased viciously.
5. In the premises I do not find the accused capable of being granted a non-custodial sentence requested by the probation officer.
6. The accused I reckon has been in custody from July 8, 2016 as he was unable to secure bail. The court will take this into consideration.
7. Consequently, the accused is hereby sentence to serve fifteen years (15) custodial sentence from July 8, 2016.
8. Orders accordingly.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 15TH DAY OF FEBRUARY 2024. H K CHEMITEI.JUDGE.