The Director of Public Prosecutions yesterday applied to proceed with the murder case for slain athlete Agnes Tirop in the absence of suspect Ibrahim Rotich who went missing early this year.
Through prosecutors led by Lucas Tanui and Clea Mureithi, the state told High Court judge Robert Wananda that the DCI was yet to trace Rotich who went missing.
“Since there has been no progress in efforts to bring back the suspect, we are seeking time to file an application to proceed with the case in his absence,” Tanui said.
He said the hearing can proceed even as efforts to arrest Rotich continues.
The prosecution argues that the law allows the matter to continue without the suspect.
Lawyer Richard Warigi who represents the family of the deceased also said they were in support of the case proceeding in the absence of the suspect.
Justice Wananda directed the ODPP to file a formal application in 14 days so that the court can give directions.
“I note that the suspect has been missing since early this year and no progress has been made to trace him. The ODPP can file the application so that the court is in a position to give further directions,” Wananda said.
A senior DCI officer who appeared before the court virtually said they were still making efforts to trace and arrest the suspect.
Justice Wananda directed that the matter be mentioned on October 15, for further directions.
Wananda also extended the warrant of arrest issued against Rotich and noted that although Rotich’s lawyer Ngigi Mbugua had also lately not been appearing before court, he should also be served with the application by the ODPP.
The deceased athlete’s father Vincent Tirop and her mother Dinah Tirop along with other family members have been attending court on all hearing and mention dates.
They were in court as the DPP made the new application to proceed with the matter.
The case has been adjourned six times over the absence of the suspect.
Justice Wananda who is hearing the case had in the previous hearing reprimanded the DCI for failing to re-arrest the suspect who had been released on a Sh500,000 cash bail before he absconded.
The bond has since been forfeited to the state.
Justice Wananda had expressed frustration over the slow pace by the DCI in searching and producing Rotich before court.
Rotich was admitted to the cash bail two years ago.
However, the judge attached conditions among them that he should not set foot in Iten town, Elgeyo Marakwet county, where the murder occurred.
Justice Wananda had also barred Rotich from leaving Uasin Gishu which is the court's jurisdiction, and to report to the DCI offices at Central police station in Eldoret every Monday.
Rotich went missing in February stalling the hearing of the case.
His lawyer insisted that he also did not know where the accused had disappeared to.
One of the investigating officers Philip Ndeta assured the court that it was just a matter of time before the suspect is re-arrested.
He said a team of sleuth investigating the disappearance is closing in on the suspect’s hideout.
Corporal Ndeto, who is attached to the DCI headquarters homicide unit, told Justice Wananda they have crucial leads that will ensure Rotich is arrested.
Police believe the suspect is hiding within the country.
Tirop was found dead in her house in Iten town, Elgeyo Marakwet county on October 13, 2021.
The postmortem by a government pathologist at Iten County Referral Hospital mortuary revealed Tirop had suffered neck stabs and was hit on the head with a blunt object.
