Kemei v Republic [2022] KEHC 15059 (KLR)

Kemei v Republic (Miscellaneous Criminal Case E015 of 2021) [2022] KEHC 15059 (KLR) (9 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15059 (KLR)

Republic of Kenya

In the High Court at Nakuru

Miscellaneous Criminal Case E015 of 2021

TM Matheka, J

November 9, 2022

Between

Geoffrey Kipkemoi Kemei

Applicant

and

Republic

Respondent

Ruling

1. On June 2, 2022, I allowed the applicant’s application for re-sentencing.

2. The applicant was jointly charged with others with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

3. They were sentenced to death in 2007.

4. To assist in determining the sentence, on re-sentencing I sought for a report from Probation and After Care Services Nakuru. It was filed on 3rd November 2022.

5. The applicant is thirty seven (37) years old and has been in custody since 2002, when he was seventeen (17) years and ten (10) months old.

6. Guided by the report, which paints him as a person ready to go back to the community and family, and pursuant to the guidance of Muruatetu 1: I find the applicant suitable for the non-custodial sentence recommended in the report, Probation and After Care Services has committed to endeavour to ensure his smooth reintegration and re-settlement back into the community and the family if released on probation supervision for three (3) years.

7. In the circumstances, the death sentence is reviewed as follows;1. The twenty (20) years’ time served in prison is sufficient custodial term for the offence.2. For the purpose of reintegration and settlement, the applicant is placed on probation supervision for three (3) years, during which he will abide by the supervision order, and not commit any other offence.

Orders accordingly.

SIGNED, DATED AND DELIVERED VIA EMAIL THIS 9TH DAY OF NOVEMBER, 2022. MUMBUA T. MATHEKAJUDGECourt Assistant JenifferApplicantMs. Murunga for state