The High Court in Kabarnet has acquitted four out of five murder suspects alleged to have murdered a man eight years ago for lack of evidence.
Christine Boit, Kipkemoi Lomukese, Victor Argut, Alfred Biwott and Kipkemoi Sergo were charged that on February 5, 2013, at Sesia village, Morop sub-location, Ewalel location in Baringo Central sub county, Baringo County, they murdered Kipkemoi Boit after accusing him of stealing.
Christine Boit, the mother to the deceased, and first accused was however not acquitted after Justice Justus Bwonwong’a found that she had a case to answer.
A prosecution witness, Monica Saniako, told the court in her testimony that she heard voices of a group of people coming from where the deceased was allegedly killed.
The witness who is a neighbour of the family of Saniako stated that the deceased was killed by mob of people though she could not single out who among the accused laid his/her hand on the deceased.
Patrick Kiprop, area chief, told the judge in his statement that he received a call from a Samaritan that a person has been beaten and had suffered serious injuries.
The Samaritan also informed the chief that the deceased was beaten by seven boys together with the mother.
Mr Kiprop further mentioned that the witness told him that there were allegations that the deceased had broken into the family house and made away with Sh2030, one kilo of sugar and one kilo of groundnuts, a piece of information, the chief said he dismissed as mere hearsay.
During the protracted hearing the prosecution lined up six witnesses to prove the case against the accused but there was no one who was singled out as having beaten the deceased.
The first accused who is out on bond and is set to defend herself on April 14 when she is expected to avail her witness.
In his ruling, the judge said the prosecution has not provided sufficient evidence to nail the four since there was no witness who said he saw any of the accused beat the deceased save for the first accused who was mentioned by one witness.
Justice Bwonwong’a declared that the four have no case to answer and went ahead to set them free.
By Caroline Cherono