The state has asked the High Court to allow the murder case of slain athlete Agnes Tirop to proceed without the presence of her missing husband and key suspect, Ibrahim Rotich.
Prosecutors told Justice Robert Wananda that despite months of search, the suspect has not been traced since he went missing in February, stalling the trial.
Prosecutors Lucas Tanui and Clea Mureithi, appearing for the Director of Public Prosecutions, said the law permits the trial to continue even in the absence of the accused.
“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.
The request was supported by lawyer Richard Warigi, who represents Tirop’s family. Justice Wananda directed the prosecution to file a formal application within 14 days for the court to issue further 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,” the judge ruled.
A senior DCI officer appearing virtually said officers are still pursuing leads to re-arrest Rotich. Justice Wananda set the next mention for October 15 and extended the warrant of arrest against the suspect.
He also ordered that Rotich’s lawyer, Ngigi Mbugua, who has not been attending recent court sessions, be served with the prosecution’s application.
The case has been adjourned six times due to the suspect’s absence. Tirop’s parents, Vincent and Dinah, alongside other family members, were present in court when the latest application was made.
Justice Wananda had previously criticised the DCI for failing to re-arrest Rotich, who absconded after being released on a Sh500,000 bail two years ago. The bond has since been forfeited to the state.
The court had earlier set strict conditions for his release, barring him from entering Iten town, restricting his movements to Uasin Gishu, and requiring him to report to the DCI in Eldoret every Monday.
Rotich disappeared in February, halting progress in the case. His lawyer has maintained that he is unaware of his client’s whereabouts.
However, DCI homicide officer Philip Ndeta assured the court they are closing in on the suspect’s hideout.
Corporal Ndeta told the court they believe Rotich is still within the country.
Tirop, a celebrated athlete, was found dead in her Iten home on October 13, 2021. A postmortem conducted at Iten County Referral Hospital showed she had multiple stab wounds on her neck and blunt force injuries to the head.
