Republic v ChirChir (Criminal Case 9 of 2017) [2025] KEHC 17550 (KLR) (26 November 2025) (Sentence) Neutral citation: [2025] KEHC 17550 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO CRIMINAL CASE 9 OF 2017 JK SERGON, J NOVEMBER 26, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND GEOFFREY KIPROTICH CHIRCHIR ...................................................... ACCUSED SENTENCE 1. Geoffrey Kiprotich Chirchir, accused herein, was on 2nd October, 2025 convicted for the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. 2. The particulars of the offence are that on 30th March, 2017 at around 18.00 hrs at Poiywek Village, Ainamoi Location, Kericho Sub-County within Kericho East County, the Accused murdered Diana Chepkorir. 3. The Accused were invited to make submissions in mitigation. This Court also directed the Kericho County Probation Officer to file a Presentence Report. It is the submission of Miss Kirui, Learned Advocate for the accused that the accused is deeply remorseful and that he prays for a lenient sentence. 4. The Learned Advocate also pointed out that the accused is a first offender and has since his incarceration demonstrated positive attitude in his conduct. She further argued that the Accused aged 32 years has the potential of being reformed and integrated to society. 5. Miss Maundu, on the other hand urged this Court to take into account the manner in which the accused executed the gruesome murder. 6. The County Probation Officer filed a Pre-sentence Report dated 12th November, 2025. This Court has taken note of the Pre-sentence Report which indicates that the accused is remorseful. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17550/eng@2025-11-26 1
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7. It is also pointed out in the Pre-sentence Report that efforts to reconcile the families of the deceased and the accused were futile. The Probation Officer stated that the accused is not suitable to serve a noncustodial sentence 8. This Court has taken note of the manner in which the accused executed the gruesome murder of the deceased. There is no doubt that the accused planned well in advance to eliminate the deceased with no chance of survival. He ensured the lethal weapon, a panga was well sharpened. The accused used the razer sharpened panga to cause multiple cut wounds on a 20 years old girl. 9. The injuries infiicted upon the deceased are as follows:Head:1) Deep cut wound occipital region. 2) Deep cut wound left temporal region. 3) Deep cut wound forehead with fracture of frontal bone 4) Deep cut wound left side of the face with fracture of the left mandible 5) Conjunctival pallor. Neck: 1) Posterior aspect. Deep cut wound, spinal column, fractures and cut spinal cord. 2) Left side of the neck – Deep cut wound with cut common carotid artery and jugular reins. Back: (i) Deep cut wound with fracture left scapula. (ii) Deep cut wounds. Upper Limbs:1) of left arm. 2) Deep cut wound anterior aspect left arm. 3) Deep cut wound, posterior aspect Of left elbow with humeral fracture. 4) Deep cut wound on right hand. 5) Right hand cut away from the wrist. 10. It was the most foul murder. There was no justification at all for the accused to take the life of the deceased. 11. Having considered the rival oral submissions in mitigation and having taken into account the Presentence Report, this Court has come to the appropriate sentence in the circumstances should be custodial. This also notes that the accused has been in custody for the last 6 ½ years. 12. Under the Proviso to Section 333 (2) of the Criminal Code, this court is mandated to factor in that period served in custody in the sentence. The accused is hereby sentenced to serve 20years https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17550/eng@2025-11-26 2
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imprisonment less the 6 ½ years spent in custody. Therefore the accused namely: Geoffrey Kiprotich Chirchir is to serve 13 ½ years imprisonment. DATED, SIGNED AND DELIVERED AT KERICHO THIS 26TH DAY OF NOVEMBER, 2025. …………………………… J. K. SERGON JUDGE In the Presence of:C/Assistant – Rutoh Prosecutor – Maundu Accused – Present in Person Morata holding brief for the Accused https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17550/eng@2025-11-26 3
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