REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BOMET CRIMINAL CASE NO. 23 OF 2018 REPUBLIC……………………………………………. ……..PROSECUTION VERSUS DENNIS KIPSANG NGENO …………….………..….… 1ST ……………………….. 2ND ACCUSED GILBERT KIPLANGAT NGENO ACCUSED SENTENCE 1. The Accused, Robert Dennis Kipsang Ngeno and Gilbert Kiplangat Ngeno were charged with two counts of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on 8 th September 2018 at Mongokwo Village in Besiobei SubLocation at Konoin Sub-County within Bomet County, they murdered Erick Kipsang Teituk and Josephat Cheruiyot Sang. BOMET HIGH COURT CR. CASE NO. 23 OF 2018. SENTENCE 1
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2. At the conclusion of the trial, this court found the Accused guilty of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and convicted them on 13th May 2026 on both counts. 3. In meting out a sentence, this court is guided by the objectives of sentencing as set out in law and various legal texts. The Sentencing Policy Guidelines 2023 outlines 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. BOMET HIGH COURT CR. CASE NO. 23 OF 2018. SENTENCE 2
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iv. Restorative justice. v. Community Protection. vi. Denunciation. vii. Reconciliation. viii. Reintegration. 4. The penal section for the offence of murder is contained in section 204 of the Penal Code which provides: Any person convicted of murder shall be sentenced to death. 5. I have considered the pre-sentence reports for the Accused both dated 24th July 2026 and their mitigation dated 27 th July 2026. I have also considered the views of the victim’s family as captured in the reports. In my view, the circumstances of the case demanded that both Accused serve a deterrent sentence. 6. I hereby make the following orders: - BOMET HIGH COURT CR. CASE NO. 23 OF 2018. SENTENCE 3
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I. Each Accused is sentenced to serve 20 years imprisonment for the 1st count. II. For the 2nd count, each Accused is also sentenced to serve 20 years imprisonment. III. The sentences to run consecutively. IV. The sentence will commence from today since Accused were out on bond. V. Right of Appeal 14 days. Sentence delivered, dated and signed at Bomet this 28 th day of July, 2026. ……………………………………. Hon. JULIUS K. NG’ARNG’AR JUDGE Sentence delivered in the presence of: Siele/Zachary (Court Assistants). Mr Mwangangi for the State Nandi for Accused 1 and 2 Accused 1 and 2 BOMET HIGH COURT CR. CASE NO. 23 OF 2018. SENTENCE 4
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BOMET HIGH COURT CR. CASE NO. 23 OF 2018. SENTENCE 5
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