[2025] KEHC 1437 (KLR)
The court considered the accused's guilty plea to manslaughter, his status as a first offender, his remorse, and his efforts at rehabilitation. The court also weighed the pre-sentence report's recommendation for a non-custodial sentence against the strong opposition from the deceased's family and the seriousness of...
Source-derived case information.
- Citation
- [2025] KEHC 1437 (KLR)
- Parties
- Applicant: Republic; Defendant: Ngurakel Longurokou
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E009 of 2022
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to eight years imprisonment for manslaughter.
- Judges
- RPV Wendoh
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ngurakel Longurokou
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence after pleading guilty to manslaughter.
- 2 What factors should be considered in determining the appropriate sentence for the accused.
Ratio Decidendi
The court considered the accused's guilty plea to manslaughter, his status as a first offender, his remorse, and his efforts at rehabilitation. The court also weighed the pre-sentence report's recommendation for a non-custodial sentence against the strong opposition from the deceased's family and the seriousness of the offence, namely the loss of life. The court found that, despite the mitigating factors and ongoing cultural reconciliation efforts, the gravity of the offence and the lack of support from the victim's family for a non-custodial sentence warranted a custodial sentence. The period already spent in custody was taken into account, and the accused was sentenced to eight years...
Court Disposition
Accused sentenced to eight years imprisonment for manslaughter.
Orders
- The accused, Ngurakel Longurokou, is sentenced to serve eight years imprisonment.
- The period already spent in custody since May 2022 shall be taken into account.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Longurokou (Criminal Case E009 of 2022) [2025] KEHC 1437 (KLR) (19 February 2025) (Sentence)
Neutral citation: [2025] KEHC 1437 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Criminal Case E009 of 2022
RPV Wendoh, J
February 19, 2025
Between
Republic
Prosecutor
and
Ngurakel Longurokou
Accused
Sentence
1. Ngurakel Longurokou was charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. After plea bargaining, he pleaded guilty to a lesser charge of Manslaughter contrary to section 202 as read with Section 205 of the Penal Code. The court takes into account the fact that Accused pleaded guilty and did not waste the courts time; he was treated as a first offender, he is said to be remorseful and has undergone some rehabilitation while in remand where he undertook some Biblical courses.
2. I have also taken into account the fact that he is a young man with a young family which he cares for.
3. However, a life was lost. I have noted in the pre-sentence report that the family of the deceased are still very bitter with him and do no support his release on non-custodial sentence. Though there is indication that the families had commenced the Pokot cultural practice of ‘Lapai’ for compensation and reconciliation, the information seems to be one sided.
4. Having taken the above into account, although the presentence report recommends a non-custodial sentence, my view is the contrary. I take into account the fact that the accused was arraigned in court way back in May 2022 and has been in custody for about two (2) years ten (10) months, I sentence him to serve a term of eight years imprisonment.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 19TH DAY OF FEBRUARY, 2025R. WENDOH.JUDGE.Sentence delivered in Open Court in the presence of;-Mr. Majale for the StateMr. Ndinyo for AccusedAccused – presentJuma/Hellen - Court Assistants