Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealPartially AllowedCriminal Appeal No. 89 of 2017· [2019] KECA 688 (KLR)

Mathew Kiplalam Chepkieng v Republic

Court of Appeal of Kenya
6 June 2019
1,464 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal replaced a mandatory death sentence with a 10-year prison term, confirming Murder sentences must now consider individual circumstances after Muruatetu.

What this practically means

#

Executive summary

#
This is a first appeal to the Court of Appeal at Eldoret against the conviction and sentence imposed by the High Court (Kimondo, J.) on 14th June 2016, whereby the appellant, having changed his plea to guilty to the murder of his brother, was sentenced to death. Counsel for the appellant withdrew the appeal against conviction, leaving only the appeal against sentence. Counsel relied on the Supreme Court's decision in Muruatetu, which declared section 204 of the Penal Code invalid to the extent that it prescribes a mandatory death sentence for murder, while confirming that the death penalty remains available as a discretionary maximum. The respondent did not oppose a substitution of an appropriate sentence. The Court, citing its own decision in William Okungu Kittiny, held that Muruatetu had immediate and binding effect on all courts and that courts below the Supreme Court could order sentence re-hearings in pending matters. The Court affirmed its jurisdiction to direct a sentence re-hearing or pass any sentence the High Court could lawfully have passed. Noting that the trial judge had considered himself bound to impose death and thus never exercised sentencing discretion, and considering the appellant's roughly three years in custody, the family tragedy, his trauma, likely stigma, remorse and status as a first offender and father of four, the Court allowed the appeal against sentence, set aside the death penalty, and substituted ten years' imprisonment effective from 14th June 2016. The judgment is a single unanimous judgment of the Court; no costs order was made.

Key legal issues

#
01

Whether the mandatory death sentence imposed on the appellant stood in light of the Muruatetu decision

Holding

The death sentence was set aside because the trial judge considered himself bound by the mandatory penalty under section 204 and did not exercise sentencing discretion; the Court substituted ten years' imprisonment.

Reasoning

The Supreme Court in Muruatetu declared section 204 of the Penal Code invalid to the extent it provides a mandatory death sentence for murder, though the death penalty remains available as a discretionary maximum. This Court in Kittiny held that Muruatetu binds all courts immediately and permits sentence re-hearings in pending matters. The trial judge here stated the law provided only one sentence, showing he did not exercise discretion, rendering the death sentence inappropriate given mitigating factors.

p. 2
02

The Court's power on a first appeal to revisit sentence

Holding

The Court has jurisdiction to direct a sentence re-hearing or pass any appropriate sentence that the High Court could have lawfully passed.

Reasoning

Relying on its own decision in William Okungu Kittiny v Republic, the Court confirmed that Muruatetu's declaration of invalidity had immediate binding effect on all courts and did not bar lower courts from ordering sentence re-hearings in pending matters. The Court therefore exercised its own sentencing jurisdiction directly rather than remitting the matter to the High Court, considering the appellant's three years in custody, family trauma, likely stigma and first-offender status.

p. 2

Legal principles established

#
  • The Supreme Court's decision in Muruatetu had immediate and binding effect on all other courts and does not prohibit subordinate courts from ordering sentence re-hearing in pending matters
  • A first appellate court must re-examine and analyse the evidence afresh and reach its own conclusions while allowing for the trial court's advantage of seeing the witnesses
  • Following Muruatetu, the death sentence for murder is a discretionary maximum, not a mandatory sentence, and a sentencing court must consider mitigation

Court orders

#
  1. 1.Appeal against sentence allowed
  2. 2.Sentence of death set aside
  3. 3.Substituted sentence of ten (10) years imprisonment to take effect from 14th June, 2016, when the appellant was convicted of the offence of murder
On appeal from
High Court of Kenya at Eldoret
HCCRC. No. 10 of 2016
Jurisdiction invoked
First appellate jurisdiction over a criminal appeal from the High Court; the Court asserts that it has jurisdiction to direct a sentence rehearing or pass any appropriate sentence the High Court could have lawfully passed, in light of Muruatetu

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mathew Kiplalam Chepkieng v Republic", Case Analysis (2019). Criminal Appeal No. 89 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2019/688/eng@2019-06-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.