REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CRIMINAL CASE NO. E028 OF 2024 ( MURDER) REPUBLIC……………..………………………….. ……..PROSECUTOR VERSUS RODGERS KIBET KIBOI……………………. ……………….ACCUSED RULING SENTENCE 1. Rodgers Kibet Kiboi was convicted by this court of the murder of Isaac Chesiro on 13/7/2026. This court requested a pre-sentence report before sentencing. 2. I have read the presentence report dated 23/7/2026. The accused is 29 years old and an orphan. He has grown up in hardship. He states he is single; however, his sister reported that he has a wife and 2 children. He drinks alcohol and uses bhang. 3. He still denies the offence but claims the criminal proceedings stemmed from a long-standing family dispute. 4. It is reported that the accused shows no remorse or insight into the offence’s impact on the deceased’s family or the community. 5. The victim's family could not be contacted. The prevailing mood in the community is one of anger, bitterness, and HCCRC NO. E028 OF 2024- RULING ON SENTENCE 1
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resentment towards the accused. The report is unfavourable. 6. Miss Lunani, for the accused, in mitigation, urged the court to consider the accused's disadvantaged family background and the loss of both his parents in his youth. She also urged the court to consider the period the accused has been in remand. 7. The accused is a first offender. Murder is a serious offence. The accused decided to end the life of a young person over land issues, despite being advised to settle the matter amicably. 8. I have considered the sentencing guidelines. It is clear that the accused shows no remorse and that the community remains hostile. A non-custodial sentence is inappropriate in these circumstances. I sentence the accused to twenty (20) years’ imprisonment. The time he has spent in remand shall be taken into account as part of this sentence in accordance with section 333(2) of the Criminal Procedure Code. Dated, signed and delivered virtually this 19 th Day of August 2026. R.E.OUGO JUDGE In the presence of: Rodgers Kibet Kiboi/ Accused HCCRC NO. E028 OF 2024- RULING ON SENTENCE 2
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Miss Lunani – For the Accused Miss Matere - For the State Fredrick/ Minah - C/A HCCRC NO. E028 OF 2024- RULING ON SENTENCE 3
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