Court rejects widow’s bid for bond in Kandie murder

Rose Chepkemoi at the High Court in Eldoret/MATHEWS NDANYI

The High Court has, for the second time, rejected a widow's application to be released on bond pending the hearing and determination of a case in which she is accused of killing her husband.

Rose Chepkemoi, who is accused of murdering her husband, former marathon athlete Samson Kandie, on October 3, 2024, in Eldoret.

Her previous attempt to be released on bond had been rejected.

She is alone on trial after her two co-accused persons entered plea bargains with the state and were convicted of lesser offences. The two have agreed to testify against her.

In declining her application for bond, Justice Reuben Nyakundi said he had not found any compelling reason to review his earlier decision that rejected the bond application.

“To review my earlier decision, there must be evidence that there was an error in that ruling or new material placed before the court to justify a change of position,” Nyakundi said.

The judge noted that the couple’s daughter had already testified in the case, raising the risk of possible interference with witnesses.

“This incident happened in a family context and was more of a gender-based violence case. The likelihood of other issues arising if the accused is released cannot be ignored,” Nyakundi said.

The court noted that circumstances in the case had changed after two co-accused persons opted for plea bargains and admitted to lesser offences.

“I have therefore not been persuaded to release you on bond. The matter will be mentioned on April 15 for further directions,” the judge ruled.

On Tuesday, the court sentenced a second suspect in the killing of the marathoner to 15 years in prison after he pleaded guilty to the lesser charge of manslaughter.

Vincent Kiprono entered into a plea bargain with the state, leading to the withdrawal of the murder charge. He will now serve as a state witness in the ongoing murder trial against Kandie’s widow.

Justice Nyakundi said that although Kiprono pleaded guilty to manslaughter, the offence committed was serious.

“Samson Kandie would be alive today if you had not participated in the act of terminating his life,” the judge said while rejecting his request for a non-custodial sentence.

Kandie was attacked and killed at his home in the Elgon View area of Eldoret.

The judge said he found no mitigating circumstances to justify a non-custodial sentence.

Kiprono had told the court he was 29-years-old and had no previous criminal record. However, the judge ruled that his age and clean record did not warrant leniency.

“The fact that you participated in the highest level of crime — the termination of life — defeats the argument for a lesser sentence,” Nyakundi said.

He also questioned whether plea bargains were always appropriate in serious murder cases, stressing that the right to life must be protected.

“Many Kenyans who are now in the graves because of such crimes would be enjoying the right to life. Many families have been rendered orphans due to such violence,” he said.

The judge noted that the killing was not accidental but appeared to have involved planning and execution. However, he acknowledged Kiprono’s acceptance of responsibility through the plea agreement.

Last month, another suspect, Jamlick Murgit, was sentenced to six years in prison after pleading guilty to conspiracy to murder. Eldoret Senior Principal Magistrate Peter Areri adopted the plea agreement between Murgit and the prosecution.

Both Murgit and Kiprono forfeited their right to appeal and will testify as state witnesses in the trial against Chepkemoi.

Five witnesses have so far testified, including the couple’s daughter, Vienna.

She told the court that her parents frequently quarrelled over allegations of infidelity. She said her mother repeatedly accused Kandie of having an affair, claims he denied.

She recounted that on October 1, 2024, after a heated argument, her father left home saying he was going “to look for peace which he could not find at home.”

On the evening of October 3, Vienna said she and her mother returned home and found Kandie’s car parked in the compound but the house was dark.

When she called his phone, a man answered and told her to look for her father in the toilet.