Republic v Kosgei [2023] KEHC 22717 (KLR)

Republic v Kosgei (Criminal Case 29 of 2017) [2023] KEHC 22717 (KLR) (27 September 2023) (Ruling)

Neutral citation: [2023] KEHC 22717 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case 29 of 2017

HK Chemitei, J

September 27, 2023

Between

Republic

Prosecutor

and

Michael Kipkemoi Kosgei

Accused

Ruling

1. The accused was convicted of the offence of murdering the late Gladys Jelagat Logong on 3rd June 2017 and after trial he was convicted of the said offence and this court before sentencing and mitigation asked for a presentencing report to be prepared in respect to the accused. The same which is dated 26th April 2023 has been presented before this court.

2. The learned defence counsel submitted on mitigation that he shall rely on the presentencing report. The learned state counsel relied on the same report as well.

3. The report essentially paints a negative picture of the accused as well as his family generally. Despite being endowed with a large track of land the family is steeped into alcoholism a fact which led to deceased death. There is no evidence of any effort to reconcile the two families.

4. At the same time there is no evidence of remorse by the accused who with the deceased indulged in alcoholism and would fight regularly.

5. Taking the totality of the evidence presented as well as the presentencing report this court hereby sentence the accused to a twenty years (20) Imprisonment from 6th June 2017.

6. Orders accordingly.

DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 27TH DAY OF SEPTEMBER 2023. H K CHEMITEIJUDGE