[2023] KEHC 19081 (KLR)
The court, applying the Sentencing Policy Guidelines and the principles set out in Francis Karioko Muruatetu & another v Republic, found that while murder is a grave offence, the circumstances of this case—including the accused's young age (19 at the time of the offence), the single stab wound, the remorse shown,...
Source-derived case information.
- Citation
- [2023] KEHC 19081 (KLR)
- Parties
- Applicant: Republic; Defendant: Simon Kipkogei Seropit
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Judgment Date
- 21 June 2023
- Case Number
- Criminal Case 25 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- The accused is sentenced to three years' probation; file marked as closed.
- Judges
- AC Mrima
- Legal Topics
- Murder, Sentencing Guidelines, Mitigation Factors, Probation Orders
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Simon Kipkogei Seropit
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused, having been found guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code.
- 2 How should the court balance the interests of the victim's family, the community, and the young age and circumstances of the accused in sentencing.
Ratio Decidendi
The court, applying the Sentencing Policy Guidelines and the principles set out in Francis Karioko Muruatetu & another v Republic, found that while murder is a grave offence, the circumstances of this case—including the accused's young age (19 at the time of the offence), the single stab wound, the remorse shown, compensation to the victim's family, and traditional rites performed—warranted a non-custodial sentence. The court emphasized the need to balance the interests of justice, the victim's family, and the potential for the accused's rehabilitation. The period spent in custody and the positive pre-sentence report further supported a probationary sentence. Accordingly, the accused was...
Court Disposition
The accused is sentenced to three years' probation; file marked as closed.
Orders
- The accused is hereby sentenced to 3 years’ probation.
- File marked as Closed.
Full Case Text
Judgment text and source record
30 paragraphs
Republic v Seropit (Criminal Case 25 of 2019) [2023] KEHC 19081 (KLR) (21 June 2023) (Sentence)
Neutral citation: [2023] KEHC 19081 (KLR)
Republic of Kenya
In the High Court at Kitale
Criminal Case 25 of 2019
AC Mrima, J
June 21, 2023
Between
Republic
State
and
Simon Kipkogei Seropit
Accused
Sentence
1. The accused was charged with the offence of Murder contrary to Section 203 as read with Section 204 of thePenal Code. He pleaded not guilty and a trial was conducted. He was eventually found guilty of murder.
2. The Court received mitigations and called for a Pre-Sentence Report for purposes of sentencing.
3. This Court is well abreast of the principles on sentencing and the 2016 Judiciary of Kenya Sentencing Policy Guidelines. As stated by the Supreme Court of Kenya in Francis Karioko Muruatetu & another v Republic [2017] eKLR, despite their importance, the guidelines do not replace judicial discretion. This is what the Apex Court stated: -(72)We wish to make it very clear that these guidelines in no way replace judicial discretion. They are advisory and not mandatory. They are geared to promoting consistency and transparency in sentencing hearings. They are also aimed at promoting public understanding of the sentencing process.
4. The purpose of sentencing is expounded in page 15, paragraph 4. 1 of the Sentencing Policy Guidelines as follows: -Sentences are imposed to meet the following objectives: 1. Retribution: To punish the offender for his/her criminal conduct in a just manner.
2. Deterrence: To deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences.
3. Rehabilitation: To enable the offender reform from his criminal disposition and become a law-abiding person.
4. Restorative justice: To address the needs arising from the criminal conduct such as loss and damages. Criminal conduct ordinarily occasions victims’, communities’ and offenders’ needs and justice demands that these are met. Further, to promote a sense of responsibility through the offender’s contribution towards meeting the victims’ needs.
5. Community protection: To protect the community by incapacitating the offender.
6. Denunciation: To communicate the community’s condemnation of the criminal conduct.
5. In sentencing, the Court considers various mitigating factors. Some include: -(a)age of the offender;(b)being a first offender;(c)whether the offender pleaded guilty;(d)character and record of the offender;(e)commission of the offence in response to gender-based violence;(f)remorsefulness of the offender;(g)the possibility of reform and social re-adaptation of the offender;(h)any other factor that the Court considers relevant.
6. In this case, the Accused is aged 23 years old and was 19 years old when he committed the offence. His detailed background has been captured in the Pre-Sentence Report. His attitude to the offence as well as the views of the victim’s family and the local community administrators are on record.
7. It is also the position that it was a single stab by a sharp object that caused the fatal injury. Further, the rest of the circumstances under which the offence was committed are in the plea agreement.
8. By considering the totality of the above coupled with the need to strike a balance between the victim’s family and the fact that the accused is a young man, the period he has spent in custody and the compensation made together with the traditional rites performed, this Court finds favour in according the accused a non-custodial sentence.
9. Consequently, the following sentence is hereby rendered: -a.The accused is hereby sentenced to 3 years’ probation.b.File marked as Closed.
10. Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 21ST DAY OF JUNE, 2023. A. C. MRIMAJUDGESentence delivered in open Court in the presence of:Mr. Bororio, Learned Counsel for the Accused.Miss. Kiptoo, Learned Prosecutor instructed by the Director of Public Prosecutions for the State.Regina/Chemutai – Court Assistants.