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Original judgment

Republic v Ismael Kipngeno Langat

Republic v Langat (Criminal Case E012 of 2023) [2026] KEHC 10416 (KLR) (15 July 2026) (Judgment) Neutral citation: [2026] KEHC 10416 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BOMET CRIMINAL CASE E012 OF 2023 JK NG'ARNG'AR, J JULY 15, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND ISMAEL KIPNGENO LANGAT ................................................................. ACCUSED JUDGMENT 1. The Accused, Ismael Kipngeno Langat was 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 21st day of June, 2023 at around 1300 hours at Makimeny Location, Chepalungu Sub- County within Bomet County, he murdered Violet Mwajuma Ambell. 2. The Accused took plea on 26th July, 2023 where he pleaded not guilty. 3. A Plea-Bargaining Agreement was filed and it indicated that the Accused had agreed to plead guilty to the lesser offence of manslaughter. 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. 4. On 20th April, 2026, the Accused took plea for manslaughter. The charge and every element thereof were read and explained to him in a language he understood and he pleaded guilty. The Court entered a plea of guilty for the offence of manslaughter. 5. The facts of the case were read out to the Accused as follows: “ On the 21st of June, 2023, one Harrison Kiplangat Cheruiyot came home from work at around 4p.m. He found the Accused Ismael Kipngeno Langat who is his son at home. He decided to go to the river nearby to fetch water. While at the river, he heard two loud screams coming from his house. He rushed back home and found one Violate Mwajuma https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10416/eng@2026-07-15 1

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the deceased lying on the ground in a pool of blood. She had a deep cut on the neck. The Accused was standing over her with a panga on his hand. When he asked him why he had cut her the Accused walked towards pointing the panga at him while asking him “do you want me to include you?”. Harrison ran away while screaming which attracted members of the public. The deceased was the Accused’s girlfriend. Police Oficers from Makimeny attended to the scene and collected the body. Post mortem was conducted and revealed that the cause of death was massive external bleeding secondary to near decapitation by sharp object. The Accused thereafter surrendered himself to Makimeny Police Station with the panga where he was arrested and charged. 6. The Accused accepted the facts as true and was convicted on his own guilty plea for the lesser offence of Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code. Pre-Sentence Report 7. A Pre-Sentence probation report was filed on 23rd June, 2026 and it indicated that the offence was influenced by the Victim finding seductive text messages on the phone of the Offender who was her fiancé. On questioning the him over the same it didn’t auger well with the Offender as the Victim threatened to leave the relationship. The Offender being temperamental picked a panga and sliced the deceased on the neck. The victim succumbed to the injuries immediately. 8. The Pre-Sentence probation report stated that the community described the Offender as troublesome and that he always resorted to violence as means of conflict resolution. They that the Offender deserves a long-term custodial sentence due to rising cases of femicide. Victim Impact Statement. 9. Efforts to reach the Victim’s family were futile. All contacts provided were unreachable. Therefore, no Victim’s sentiments were captured. 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10416/eng@2026-07-15 2

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11. This is in line with Article 159(2) of the Constitution of Kenya which promotes involvement of parties in resolution of matters. 12. 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. 13. I have considered the circumstances of the case and the pre-sentence report. It is my finding that the gravity of the offence and the views of the community, weigh in favour of a custodial sentence. In my view, the Accused deserves a deterrent sentence. 14. In the end, the Accused is sentenced to serve 15 years imprisonment. The sentence to run from the date of plea that being 26th July, 2023. 15. 14 days Right of Appeal. JUDGEMENT DELIVERED, DATED AND SIGNED THIS 15TH DAY OF JULY, 2026 ........................................ HON. JULIUS K. NG’ARNG’AR JUDGE Judgement delivered in the presence of; Siele/Zachary – Court Assistants Ms Koech for the State Accused – present https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10416/eng@2026-07-15 3

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