REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO CRIMINAL CASE NO.13 OF 2017 REPUBLIC.................................PROSECUTION VERSUS PETER KIPLANGAT RUTO.............ACCUSED SENTENCE 1. The accused has been convicted of murder, whose statutory sentence is death. However, following the decision of the Supreme court, in Francis Muruatetu & Ano. -vs- Republic – Petition 15 and 16 of 2015, the death penalty though legal, was declared to be the maximum sentence. Courts have thus a discretion to mete out appropriate sentences under the specific circumstances of each case. 2. The accused is a first offender as the prosecution does not have any previous conviction. The defence counsel has asked for a lenient sentence as the accused is remorseful and is a father of two children who need his care and attention. 3. A pre-sentence report prepared by the Probation Officer, Kericho, and filed on 8 th May 2019 stated that the accused is aged 34 years and the deceased was his wife. According to the report, the accused had a standing strained relationship with the deceased because she was a drunkard and engaged in extra marital relationships, and that on the material day the deceased was escorted home by a man. The Probation Officer thus recommended a probation sentence, though the victim’s family was not willing for reconciliation. 4. In my view, a probation sentence is not appropriate in this case where a machete was used to shorten a precious life, and the mother of the two young children of the accused. The force and weapon used were meant to cause death through severe pain. 5. I sentence the accused to serve 22 years imprisonment. Right of appeal explained. Dated at Kericho this 13th June 2019. GEORGE DULU JUDGE
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