Republic v Langat [2025] KEHC 10154 (KLR)

Republic v Langat (Criminal Case E017 of 2022) [2025] KEHC 10154 (KLR) (15 July 2025) (Sentence)

Neutral citation: [2025] KEHC 10154 (KLR)

Republic of Kenya

In the High Court at Bomet

Criminal Case E017 of 2022

JK Ng'arng'ar, J

July 15, 2025

Between

Republic

Prosecution

and

Weldon Kipkoech Langat

Accused

Sentence

1. The Accused, Weldon Kipkoech Langatwas charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on 7th day of July, 2022 at Siongirio Location, Chepalungu Sub County, within Bomet County murdered Faith Cherono.

2. The Accused took plea on 21st July, 2022 where he pleaded not guilty to the charge of murder.

3. The parties wished to plea bargain. The Plea-Bargaining Agreement dated 25th October, 2023 indicated that the Accused had agreed to plead guilty to the lesser offence of manslaughter.

4. On 17th March, 2025 this court accepted the Plea Agreement after interviewing the Accused and satisfying itself that he executed the Plea Agreement voluntarily and that he understood his trial rights.

5. On 17th March, 2025 the Accused took plea for the offence of manslaughter. The charge and every element thereof was read and explained to him in the Kipsigis language which he understood and he pleaded guilty. The court entered a plea of guilty for the offence of manslaughter.

6. The Facts as read by the Prosecutor and captured in the Plea Agreement are as follows:-“On July 2022, the accused and the deceased were drinking alcohol at Silent Bar, Siongiroi shopping centre. They then agreed to enter a vacant room to have coitus. During sexual intercourse, the accused strangled the deceased who died instantly. Efforts to evacuate the deceased to hospital were in vain. The deceased was taken to the mortuary where the cause of death was established to be atlanto-axias secondary to neck trauma. The accused escaped but was later arrested on 19th July, 2022. The prosecution accepts that the deceased’s death was not intentional. We however urge the court to find that the accused used excessive force during sex."

7. The Accused accepted the facts as true and was convicted on his own guilty plea for the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code.

Pre-Sentence Report 8. A pre-sentence probation report dated 28th March, 2025 was filed following the court’s direction. The report stated that the Accused regretted that his actions though not intentional, caused the death of the victim. He is remorseful and if he was able, he could have fulfilled the demands of the deceased family. Circumstances. He prayed that this court forgives him and requested for a non custodial sentence promising to abide by all set conditions.

9. The Probation Officer recommended that the Accused was not suitable for a non custodial sentence since the family was dysfunctional; homeless and landless. Their economic status is zero and they live from hand to mouth and has no fixed place to abode.

10. Sentencing serves multiple purposes as enumerated in the Sentencing Policy Guidelines 2023 which outline the objectives of sentencing at paragraph 1. 3.1 as follows:-Sentences are imposed to meet the following objectives. There will be instances in which the objectives may conflict with each other- in so far as possible, sentences imposed should be geared towards meeting the objectives in totality.i.Retribution.ii.Deterrence.iii.Rehabilitation.iv.Restorative justice.v.Community Protection.vi.Denunciation.vii.Reconciliation.viii.Reintegration.

11. The penal section for the offence of manslaughter is contained in section 205 of the Penal Code which provides:-Any person who commits the felony of manslaughter is liable to imprisonment for life.

12. In the final analysis, having considered the circumstances of the case, the Accused’s Mitigation, the Pre-Sentence Report, the Victim Impact Statement and the applicable Law, I make the following orders: -i.The accused is sentenced to serve 5 years imprisonment.ii.The sentence to run from 19th July, 2022 on being arraigned in court.iii.14 days right of appeal is granted.Orders accordingly.

JUDGEMENT AND SENTENCE DELIVERED, DATED AND SIGNED AT BOMET THIS 15TH DAY OF JULY, 2025. .................................HON. JULIUS K. NG’ARNG’ARJUDGEJudgement and Sentence delivered in the presence of Ayiekha for the State and Accused present in person. Siele/Susan (Court Assistants).