Republic v Korir [2022] KEHC 15930 (KLR)

Republic v Korir (Criminal Case 31 of 2019) [2022] KEHC 15930 (KLR) (11 November 2022) (Sentence)

Neutral citation: [2022] KEHC 15930 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case 31 of 2019

AN Ongeri, J

November 11, 2022

Between

Republic

Prosecutor

and

Dennis Kipkemoi Korir

Accused

Sentence

1. The Accused Person in this case was charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

2. The Accused Person cut several people with a panga and killed the deceased Samuel Kibet Ngetich who was disabled and unable to flee from the scene.

3. I have considered the mitigation by the Defence Counsel. The Learned Counsel said the Accused Person is remorseful for the offence he committed and he is pleads for a non-custodial sentence.

4. I have also considered the social inquiry Report filed by the Probation Officer on October 11, 2022 containing the Accused Person’s personal history.

5. The Report says that the Accused Person was never associated with committing crimes in the Community and further that the two families have reconciled.

6. The charge of Murder is a very serious one for which the law provides a death sentence.

7. There is evidence that the Accused Person attacked his friends with a panga and they fled the scene of crime. He returned again and killed the deceased who was a disabled person while PW.2 pleaded with him to spare the life of the deceased.

8. The Accused Person said he wanted to finish of the deceased so that he would be jailed.

9. The Accused Person has no respect for the sanctity of life. He does not deserve a non-custodial sentence.

10. A deterrent sentence is deserved. I sentence him to twenty (20) years imprisonment.

11. The sentence to start running from 22/7/2019 when the Accused Person was first arraigned in Court.Right of Appeal to the Court of appeal – 14 days (Explained).

DELIVERED, DATED AND SIGNED AT KERICHO THIS 11TH DAY OF NOVEMBER, 2022A. N. ONGERIJUDGE