Republic v Koskei [2024] KEHC 1296 (KLR)

Republic v Koskei (Criminal Case 40 of 2016) [2024] KEHC 1296 (KLR) (15 February 2024) (Sentence)

Neutral citation: [2024] KEHC 1296 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case 40 of 2016

HK Chemitei, J

February 15, 2024

Between

Republic

Prosecutor

and

Samuel Kiplangat Koskei

Accused

Sentence

1. This court on June 14, 2023 found the accused herein guilty of murdering the deceased Lydia Muthoni who was his wife.

2. The court before sentencing and mitigation directed that a pre-sentencing report be prepared. The same dated November 8, 2023 has been placed before the court.

3. The report erroneously indicates that this court found the accused guilty of the lesser charge of manslaughter. The truth is that the court found him guilty of the offence of murder.

4. I have read the report and the mitigation by the accused and the reply by the state. Although the families are yet to reconcile, the action by the accused was calculated to harm the deceased. The accused did not heed the cries from his children but went ahead to assault the deceased viciously.

5. In the premises I do not find the accused capable of being granted a non-custodial sentence requested by the probation officer.

6. The accused I reckon has been in custody from July 8, 2016 as he was unable to secure bail. The court will take this into consideration.

7. Consequently, the accused is hereby sentence to serve fifteen years (15) custodial sentence from July 8, 2016.

8. Orders accordingly.

DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 15TH DAY OF FEBRUARY 2024. H K CHEMITEI.JUDGE.