The Director of Public Prosecutions (DPP) has asked the High Court to allow the murder trial of slain athlete Agnes Tirop to proceed, even though the prime suspect, Ibrahim Rotich, has been missing since February this year.
Prosecutors Lucas Tanui and Clea Mureithi, appearing before Justice Robert Wananda in Eldoret, said the Directorate of Criminal Investigations (DCI) is still trying to trace Rotich.
“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 told the court.
He added that the hearing can continue while police maintain efforts to arrest Rotich. The prosecution also argued that the law permits the case to proceed without the suspect’s presence.
Lawyer Warigi, representing Tirop’s family, said the family supports the trial moving forward in Rotich’s absence.
DCI Defends Its Efforts
A senior DCI officer, appearing virtually, told the court that investigators are actively pursuing leads that could help secure Rotich’s arrest.
In previous hearings, however, Justice Wananda reprimanded the DCI for failing to re-arrest Rotich, who skipped court after being released on a Ksh500,000 cash bail. The bond has since been forfeited to the state.
Rotich had been granted bail by Justice Wananda two years ago under strict conditions. He was barred from entering Iten town in Elgeyo Marakwet County, where Tirop was murdered, and was required to remain within Uasin Gishu County, the court’s jurisdiction.
He also had to report to DCI offices in Eldoret every Monday. Despite these conditions, Rotich disappeared in February and has remained at large.
Court Issues New Directives
In his latest ruling, Justice Wananda gave the ODPP 14 days to file a formal application so the court can issue further directions on whether to proceed with the trial.
“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,” said the judge.
He extended the warrant of arrest against Rotich and scheduled the next mention of the case for October 15, 2025.
The judge also directed that Rotich’s lawyer be served with the ODPP’s application.