https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10460

Republic v Ngetich (Criminal Case 5 of 2019) [2026] KEHC 10460 (KLR) (14 July 2026) (Sentence) Neutral citation: [2026] KEHC 10460 (KLR) Republic of Kenya In the High Court at Bomet Criminal Case 5 of 2019 JK Ng'arng'ar, J July 14, 2026 Between Republic Prosecution and Robert Kiplangat Ngetich Accused Sentence 1.The Accused, Robert Kiplangat Ngetich was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on 31st January 2019 at about 1600hours at Olbobo Village in Kiplabotwo location, within Bomet County, he murdered he murdered Isaiah Keter. 2.The Accused took plea on 15th December 2021 and pleaded not guilty to the offence. 3.A plea –bargaining agreement was filed and it indicated that the accused had agreed to plead guilty o the lesser offence of manslaughter. This court accepts the plea agreement interviewing the accused and satisfying itself that he executed the plea agreement voluntarily and that he understood his trial rights. 4.On 21st April, 2026, the accused took plea for manslaughter. The charge and every element thereof were read and explained to him in a language he understood and pleaded guilty for the offence of manslaughter. 5.The facts as read by the Prosecutor and captured in the Plea Agreement are as follows: -“On the 31 /01/ 2019, at about 4pm the deceased was at local Chang’aa den partaking in traditional brew with other revellers. Later at about 6pm as he was about to leave the Changaa den, the Accused person before the court arrived. They were in the company Musa Langat who is still at large. They beckoned the deceased aside. They were armed with knives.The first accused one Patrick Langat Kipyegon stabbed the deceased on his left hand. The second accused one Robert Kiplangat Ngetich and one Musa Langat who is still at large joined him and stabbed the deceased all over his body. Members of the public gathered at the scene prompting the three assailants to flee. The deceased was rushed to Longisa Referral Hospital where he was pronounced dead on arrival.Meanwhile the two accused person were tracked down and arrested at Olbobo area Mulot after attacking two other members of the public and inflicting serious head injuries. Their accomplice one MUSA LANGAT escaped arrest and his whereabouts remain unknown.A post mortem performed on the body of the deceased on 2/02/2019 established that the cause of death was severe head injury secondary to assault.The accused persons were later arraigned in court and charged with murder. The 2nd Accused person Robert Ngetich has offered to plead guilty to the offence of manslaughter and take responsibility for the deceased’s death. 6.The Accused accepted the facts as true and the court convicted him on his own guilty plea for the lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. Pre-Sentence Report 7.The pre-sentence report stated that the Accused together with his friend Patrick Kipyegon Langat, the first Accused and others were marauding youths whose activities were ill intentioned, illegal and unwarranted. 8.On the material day, the gang members were said to have differed amongst themselves probably on how to share the stolen loot and an assortment of other items/goods. This led to a fight in which the 1st Accused stabbed and killed the victim. The Accused who is the second offender participated in the dispute and the first accused. 9.The pre-sentence probation report stated that the community described the accused as troublesome and that he always resorted to violence as means of conflict resolution. That the accused deserves a long-term custodial sentence. 10.The probation officer recommended a custodial sentence. Victim Impact Statement. 11.The deceased’s wife stated that they had two children with the deceased at the time of his death. That she had since gone back to her paternal home due to the poverty she faced after the death of her husband. The deceased’s parent stated that they suffered immense psychological trauma and emotional turmoil. 12.The deceased’s family further stated that they viewed the offence as the worst form of homicide which should attract along prison sentence for the Accused. That they accepted a request by the accused’s family for reconciliation but the cultural rites had yet to be performed. 13.Sentencing serves multiple purposes as enumerated in the Sentencing Policy Guidelines 2023 which outline 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.i.Retribution.ii.Deterrence.iii.Rehabilitation.iv.Restorative justice.v.Community Protection.vi.Denunciation.vii.Reconciliation.viii.Reintegration. 14.This is in line with article 159(2) of the constitution of Kenya which promotes involvement of parties in resolution of matters. 15.The penal section for the offence of manslaughter is contained in section 205 of the Penal Code which provides: -Any person who commits the felony of manslaughter is liable to imprisonment for life. 16.I have considered the circumstances of the case and the pre-sentence report. It is my finding that the gravity of this offence and the views of the community, weigh in favour of a custodial sentence. In my view, the accused deserves a deterrent sentence. 17.In the end, the Accused, Robert Kiplangat Ngetich is sentenced to serve 15 years imprisonment. The sentence to run from the date of plea taking on 15/12/2021. 18.14 Days Right of Appeal. JUDGEMENT DELIVERED, DATED AND SIGNED THIS 14TH DAY OF JULY 2026.........................HON. JULIUS NGARNGARJUDGEJudgement delivered in the presence of:Siele/ Zachary (Court Assistants)Ms. Koech for the state