Republic v Langat [2024] KEHC 10780 (KLR)

Republic v Langat (Criminal Case 22 of 2019) [2024] KEHC 10780 (KLR) (18 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10780 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case 22 of 2019

HI Ong'udi, J

September 18, 2024

Between

Republic

State

and

Geoffrey Langat

Accused

Ruling

1. Geoffrey Langat the accused has been convicted of the offence of murder contrary to section 203 as read with section 204 of the penal code.

2. A pre-sentence report dated 24th July, 2024 was filed by the Probation Office Nakuru. Mr. Salim Assumani G who did the report indicated that the accused and deceased had cohabited before and separated but were still seeing one another. The deceased left behind five (5) children who now live with the brother. However, the report does not indicate whether the accused is the father to these children.

3. The report further shows that traditional (Kalenjin) reconciliation mechanisms have been initiated and both families are participating. The local Chief Samuel Siele is said to be aware of the process. The report therefore recommends a probation sentence of 3 years.

4. Mr. Wambeyi for the accused in mitigation reiterated what the pre-sentence report had recommended. He submitted that the accused was remorseful and pleaded for leniency for what he did leading to the deceased’s death. He urged the court to consider the accused had been in custody since 27th March, 2019.

5. Mrs. Okok counsel for the prosecution asked for a deterrent sentence considering the circumstances under which the deceased met her death. She observed that the accused and deceased were lovers and he stabbed her seven (7) times. She recommended a 25 years sentence from the date of arrest.

6. I have taken into account all the circumstances surrounding this case, submissions on sentence by the prosecutor and the defence. The deceased and accused had been together drinking alcohol for many hours before retiring to bed together in a hotel room. It was a very painful death for the deceased. The evidence also reveals that the accused had some 3 stab wounds. Apparently, the probation officer did not interview the deceased’s children especially Kevin, Kibet, Collins Kipngeno and Shania Cherono for the court to know their emotions and take the same into account.

7. I note that the accused has been in prison custody now for 5 years which I will take into account as I make the decision on sentence.

8. Taking into account all that I have stated I hereby sentence the accused to ten (10) years imprisonment. He will serve the first seven (7) years in prison, while the balance shall be served on probation. The probation office to take note of this and act accordingly.

DELIVERED VIRTUALLY, DATED AND SIGNED THIS 18TH DAY OF SEPTEMBER, 2024 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE