https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11522
Having considered the mandatory sentencing framework, the Sentencing Policy Guidelines, the pre-sentence reports, mitigation, and the victim’s family views, the court concluded that the gravity of the double murder required a deterrent custodial sentence. It imposed 20 years’ imprisonment on each count and directed...
Source-derived case information.
- Citation
- [2026] KEHC 11522 (KLR)
- Parties
- Prosecution: Republic; 1st Accused: Dennis Kipsang Ngeno; 2nd Accused: Gilbert Kiplangat Ngeno
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2018
- Procedural Posture
- Criminal Case Sentencing for Murder Convictions / Sentence After Conviction
- Outcome
- Convicted persons sentenced to imprisonment
- Judges
- ["JK Ng'arng'ar"]
- Legal Topics
- Murder, Consecutive Sentences, Deterrent Sentence, Mitigation, Pre Sentence Report, Victim Impact
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Dennis Kipsang Ngeno
1st Accused
Gilbert Kiplangat Ngeno
2nd Accused
Procedural Posture
Criminal Case Sentencing for Murder Convictions / Sentence After Conviction
Legal Issues
- 1 What sentence should be imposed for two counts of murder after conviction?
- 2 Whether the sentences for the two counts should run consecutively or concurrently?
- 3 What weight should be given to mitigation, pre-sentence reports, and the victim’s family views?
Ratio Decidendi
Having considered the mandatory sentencing framework, the Sentencing Policy Guidelines, the pre-sentence reports, mitigation, and the victim’s family views, the court concluded that the gravity of the double murder required a deterrent custodial sentence. It imposed 20 years’ imprisonment on each count and directed that the sentences run consecutively, commencing from the date of sentence because the Accused were on bond.
Court Disposition
Convicted persons sentenced to imprisonment
Orders
- Each Accused sentenced to 20 years imprisonment on the 1st count.
- Each Accused sentenced to 20 years imprisonment on the 2nd count.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BOMET** **CRIMINAL CASE NO. 23 OF 2018** **REPUBLIC…………………………………………….……..PROSECUTION** **VERSUS** **DENNIS KIPSANG NGENO …………….………..….… 1ST ACCUSED** **GILBERT KIPLANGAT NGENO ……………………….. 2ND ACCUSED** **SENTENCE** 1. The Accused, Robert Dennis Kipsang Ngeno and Gilbert Kiplangat Ngeno were charged with two counts of murder contrary to **section 203 as read with section 204 of the Penal Code**. The particulars of the offence were that on 8th September 2018 at Mongokwo Village in Besiobei Sub-Location at Konoin Sub-County within Bomet County, they murdered Erick Kipsang Teituk and Josephat Cheruiyot Sang. 2. At the conclusion of the trial, this court found the Accused guilty of the offence of murder contrary to **section 203 as read with section 204 of the Penal Code** and convicted them on 13th May 2026 on both counts. 3. In meting out a sentence, this court is guided by the objectives of sentencing as set out in law and various legal texts. The **Sentencing Policy Guidelines 2023** outlines the objectives of sentencing at paragraph 1.3.1 as follows: - **Sentences are imposed to meet the following objectives. There will be instances in which the objectives may conflict with each other- in so far as possible, sentences imposed should be geared towards meeting the objectives in totality.** 1. **Retribution.** 2. **Deterrence.** 3. **Rehabilitation.** 4. **Restorative justice.** 5. **Community Protection.** 6. **Denunciation.** 7. **Reconciliation.** 8. **Reintegration.** 9. The penal section for the offence of murder is contained in **section 204 of the Penal Code** which provides: - **Any person convicted of murder shall be sentenced to death.** 1. I have considered the pre-sentence reports for the Accused both dated 24th July 2026 and their mitigation dated 27th July 2026. I have also considered the views of the victim’s family as captured in the reports. In my view, the circumstances of the case demanded that both Accused serve a deterrent sentence. 2. I hereby make the following orders: - 3. Each Accused is sentenced to serve 20 years imprisonment for the 1st count. 4. For the 2nd count, each Accused is also sentenced to serve 20 years imprisonment. 5. The sentences to run consecutively. 6. The sentence will commence from today since Accused were out on bond. 7. Right of Appeal 14 days. **Sentence delivered, dated and signed at Bomet this 28th day of July, 2026.** **…………………………………….** **Hon. JULIUS K. NG’ARNG’AR** **JUDGE** **Sentence delivered in the presence of:** **Siele/Zachary (Court Assistants).** **Mr Mwangangi for the State** **Nandi for Accused 1 and 2** **Accused 1 and 2**