Duo sentenced to 35 years for murder of Kenyan-born Ugandan athlete Benjamin Kiplagat

Two men found guilty of the murder of Kenyan-born Ugandan 3,000m steeplechase athlete Benjamin Kiplagat last December have been sentenced to 35 years in prison.

Eldoret High Court's Justice Reuben Nyakundi ruled that both scientific and circumstantial evidence by the prosecution had linked Peter Ushuru, 30, and bodaboda rider David Ekai, 25, to the murder of the international athlete on the night of December 31, 2023.

Delivering the sentence on Tuesday, Justice Nyakundi noted that the accused persons intentionally killed the athlete and, hence deserved a harsh sentence.

The High Court Judge said the accused persons were not even remorseful after the incident, and instead defended themselves despite overwhelming evidence produced in court by the prosecution in the form of CCTV footage that showed they mercilessly stabbed the accused in the chest, killing him on the spot.

"Your actions were cruel to a defenseless person whose life you cut short, contrary to God's plan where God intended man to live for a minimum of 70 years. This court has sentenced two of you to serve a jail term of 35 years," he ruled.

The Judge termed the remorse shown by the accused persons as cosmetic, noting that from the onset they did not show any regret or sorrow.

“The kind of remorsefulness you have expressed in this court cannot add up. You had an intention to take the life of the young athlete. Remorse without seeking true reconciliation is not remorse after reducing the number of years that a person was to live as was planned by God in the book of Psalm 91. You failed to protect life and your remorse has no value,” ruled Justice Nyakundi.

The family of the deceased hailed the court, terming the sentence as justifiable. Family members including the athlete’s mother and two brothers had earlier implored the court to hand the accused a life sentence.

“We are happy justice has been served even though we had requested the court to sentence the accused to life imprisonment. As a family we are satisfied since we have been served justice within the shortest time,” said Vincent Chemweno, a brother to the deceased athlete.

The 2008 World Junior and 3,000 meters’ steeplechase silver medalist was murdered while on his way home on the eve of New Year in 2023.

Another brother of the deceased, David Chemweno, praised the entire justice system for working together to ensure the family gets justice.

“We have been served justice due to cordial working relationships between DCI, ODPP, and other arms of the government. Though we had wanted the accused to be jailed for life we are happy with the sentence pronounced by Justice Nyakundi,” he said.

While delivering the sentence, Justice Nyakundi told the family that no amount of sentence would replace the lost life. He told the family to trust in court for full recovery after the murder of their loved one.

“The family members including the mother of the deceased had wanted this court to jail the accused for life, but no amount of jail term can bring back the life of your beloved. I pray that you will be reconciled by God to come to terms with what has happened,” he ruled.

He told the accused that they had a window to appeal if they were not satisfied with the sentence.

On Monday, the 69-year-old mother of the murdered athlete drew emotions in the court when she burst into tears, recalling the murder of her son. Ms Elizabeth Chemweno wept uncontrollably while giving her opinion on the sentence she preferred against two men found guilty of her son’s murder.

State Counsel Mark Mogun had requested Justice Nyakundi to allow family members to share their views on the sentence they would prefer against the accused.

“The law requires that in such situations, we allow family members to share their views on anticipated sentences. In that spirit, I request the court to allow three members of the family to share their anticipated sentence against the accused,” Mr Mogun told Justice Nyakundi.

Ms Chemweno fought emotions recalling how her son struggled to become an athlete. She narrated to the court how he ran barefoot due to poverty and pushed to break through to become the sole breadwinner of her family.

Referring to CCTV footage, she told the court the accused were on a mission to kill him since they trailed him from Eldoret town to his Kimumu estate on the outskirts of Eldoret town.

“My son had Sh8,000 and an expensive mobile phone, but the killers did not take any of the property from him. Their mission was to painfully finish him. Looking at the CCTV footage, despite overpowering him, they went on to stab him in the chest like a beast,” Ms Chemweno told Justice Nyakundi, urging the court to jail them for life.

Her two sons shared the sentiments, telling the court that their brother’s murder had left their family in deep pain, including his wife who was expectant by the time of his killing.

Lawyers representing the accused persons requested the court to be lenient to them during sentencing.

“My client is remorseful and is pleading with this court to be lenient on him and consider sentencing him to 20 years,” said Mathai Maina representing one of the accused.

Earlier last week, Justice Nyakundi ruled that scientific evidence produced in court linked Mr Ushuru and Mr Ekai, 25 to the killing of the international runner on the fateful night of December 31, 2023.

He said the CCTV footage captured the convicts chasing after the slain athlete who was driving a pickup vehicle while heading to his home in Kisumu estate along the Eldoret-Iten highway.

The Judge said that the CCTV footage captured a boda boda rider standing by as his accomplice who was brandishing a knife, aimed the weapon at the deceased after cornering him a few meters to his gate.

"Scientific evidence that was produced before my court during the trial of this case places the two of you at the scene of the brutal murder on the night of December 31, 2023, at Kimumu estate on the outskirts of Eldoret town," stated the Judge.

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