Geofrey Langat v Republic [2021] KEHC 6270 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

MISC. CRIMINAL APPLICATION NO. 134 OF 2019

GEOFREY LANGAT...................................................................................................APPPLICANT

VERSES

REPUBLIC...............................................................................................................RESPONDENT

JUDGEMENT

1. The applicant herein was convicted and sentence to suffer death by this court on 1st November 2007. His appeal to the Court of Appeal was dismissed and I supposed the death sentence was later commuted just like all the rest of the convicts. He had been accused of murdering one Simon Kibii Arap Soi.

2. With the advent of the now famous decision of FRANCIS MURUATETU AND ANOTHER V. REP. (2017) eKLR by the Supreme Court of Kenya the applicant has filed this motion seeking that he be resentenced afresh. He has followed this with a lengthy mitigation which he has stated that he is now reformed and the 16 years he has been in custody has taught him lifelong lessons.

3. He said that he has been rehabilitated and has learned various trades while in prison including carpentry and joinery of various grades. Given the chance to come out of prison he promises to be of a good citizen. He apologised to the family of the deceased.

4. Citing various recent authorities, he submitted that he be granted another chance just like those mentioned in the said cited authorities. Further that the court by dint of Section 333(2) of the Criminal Procedure Code Chapter 75 Laws of Kenya should take into consideration the period he served while in custody prior to his conviction and subsequent sentencing.

5. The learned state counsel essentially did not oppose the application but requested the court to take into consideration the report by the prison authorities in regard to the character of the applicant when making the decision.

6. The court has perused both the judgments of the Court of Appeal and this court and the circumstances leading to the deceased death. It is also noted that the applicant’s father   who was also a co -accused passed on in prison before the matter was concluded.

7. Taking the totality of the facts herein and the jurisprudence emanating from the Muruatetu case (supra), this court finds that the application merits consideration. The fact is that no amount of punishment can bring back the deceased. At the same time incarcerating the applicant forever my not be totally efficacious. It is noted that he was a first offender and at that time a young man of 24 years as per his submission.

8. The essence of punishment is to bring change upon the aggressor and mitigate on behalf of the victim. If there is a genuine change, then the aggressor ought to be granted a chance to join the society especially in a situation where it was a known first time offender.

9. In this regard the applicant has been in custody since 2nd March 2004 which is about 17 years. From his submission he has busied himself through internal training and he has taken some theological courses, carpentry and joinery. There is no adverse report from the prison authorities.

10. The court as well is alive to the provisions of Section 333(2) of the Criminal Procedure Codewhich states that;

“Subject to the provisions of section 38 of the Penal Code (Cap. 63)  every sentence shall be deemed to commence from, and to include the  whole of the day of, the date on which it was pronounced, except  where otherwise provided in this Code.

Provided that where the person sentenced under subsection (1) has,  prior to such sentence, been held in custody, the sentence shall take  account of the period spent in custody.”

11. From the above portion of the law this court takes into consideration that the applicant has been in custody from 2nd March 2004.

12. For these reasons, the life sentence is hereby set aside and is substituted with a custodial sentence of 25 years imprisonment from 2nd March 2004.   The prison authorities are consequently directed to compute the same.

Dated signed and delivered via video link at Nakuru this 10th day of June 2021.

H K CHEMITEI.

JUDGE