High Court allows Tirop murder trial to proceed despite suspect’s absence

The High Court has allowed the Director of Public Prosecutions to proceed with the murder trial of slain athlete Agnes Tirop despite the continued absence of the prime suspect, Ibrahim Rotich, who has been missing since February.

Justice Robert Wananda directed that the hearing will resume on March 26 next year.

Seventeen more prosecution witnesses are expected to testify. Eleven witnesses had already given evidence before Rotich disappeared and efforts to trace him intensified.

Appearing before the court last month, prosecutors Lucas Tanui and Clea Mureithi told Justice Wananda that the Directorate of Criminal Investigations was still pursuing leads to locate and arrest Rotich.

“Since there has been no progress in efforts to bring back the suspect, we are seeking to proceed with the case in his absence,” Tanui said, adding that the law allows the trial to continue even as efforts to arrest the suspect go on.

Lawyer Richard Waringi, representing Tirop’s family, supported the application, saying the family wanted justice for their daughter.

“I have allowed the application by the Office of the Director of Public Prosecutions to proceed with the matter in the absence of the suspect,” Justice Wananda ruled.

Waringi said the family was ready to proceed with the hearing in March but hoped Rotich would be arrested before then. He also urged police to intensify the search as the trial continues.

Tirop’s parents, Vincent and Dinah Tirop, together with other family members, attended the court session in which the ruling was delivered. They have been present at all hearings and mention dates.

In earlier proceedings, Justice Wananda reprimanded the DCI for failing to re-arrest Rotich after he absconded while out on Sh500,000 cash bail. The bond has since been forfeited to the state, and a warrant of arrest issued.

Rotich was granted bail two years ago under strict conditions, including a ban from entering Iten town, where the murder occurred, and a requirement to remain within Uasin Gishu county. He was also required to report to DCI offices in Eldoret every Monday.

However, Rotich went missing in February, with investigators later confirming that he had breached all bail conditions.

Corporal Philip Ndeta of the DCI Homicide Unit told the court that investigations were ongoing and that officers had developed leads that could help secure Rotich’s arrest.

Agnes Tirop was found dead at her home in Iten, Elgeyo Marakwet county, on October 13, 2021. A postmortem conducted at Iten County Referral Hospital revealed that she sustained stab wounds to the neck and blunt force injuries to the head.