Republic v Bernard Kiptoo Langat, Robert Kipkirui Langat & Harun Cheruiyot Langat [2014] KEHC 4146 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO. 35 OF 2012

REPUBLIC......................................................................PROSECUTOR

VERSUS

BERNARD KIPTOO LANGAT..........................................1ST ACCUSED

ROBERT KIPKIRUI LANGAT.........................................2ND ACCUSED

HARUN CHERUIYOT LANGAT......................................3RD ACCUSED

SENTENCE

Bernard Kiptoo Langat, Robert Kipkorir Langat and Harun Cheruiyot Langat, being the 1st, 2nd and 3rd accused persons respectively were jointly tried on a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.  The particulars of the offence are that on the 28th day of September, 2012 at Tulwetab Mosinik Village Kyogong Location in Bomet County jointly with others not before court murdered John Kiprono Maritim.  Pursuant to the plea agreement dated 23rd June 2014, the accused persons each pleaded guilty to the lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.  This court then invited learned advocates representing the three accused persons to submit facts in mitigation.  Miss. Kivali, learned Prosecution Counsel informed this court to treat the accused persons as first offenders.  Mr. Koske, learned advocate for the 1st and 2nd accused persons made oral submission on his behalf and on behalf of Mr. Ongany learned advocate for the 3rd accused person in Mitigation.  Mr. Koske pointed out that the accused persons are brothers aged between 21 and 25 years.  The trio lost their father a while ago hence they are under the care and guidance of their elderly and sickly mother.  The accused persons have been in custody since the month of September 2012.  Mr. Koskei further informed this court that the families of the victim and that of the accused's were reconciled in the month of December 2013 after which the Kipsigis TraditionalCleansing rituals were undertaken.  The learned advocate urged this court to pronounce a non-custodial sentence to enable the accused persons undergo those rituals to make the reconciliation process complete and to fully reintegrate them to the society.  This court was also told that the accused persons are remorseful for what happened.  Having taken into all the relevant factors, I am convinced that the appropriate sentence in the circumstances should be non-custodial.  I hereby order that the three accused persons namely: Bernard Kiptoo Langat, Robert Kipkorir Langat and Harun Cheruiyot Langat be set free from custody to proceed and serve two (2) years probation under the supervision of the Probation Officer, Bomet County.

Dated, Signed and delivered in open court this 4th day of July, 2014.

….......................

J.K.SERGON

JUDGE

In the presence of:

Miss. Kivali for Director of Public Prosecutions

Mr. Nyaingiri holding brief for Mr. Kosgei for 1st and 2nd Accused

Mr. Onganyi for 3rd Accused