Five Nakuru men walk to freedom after court acquits them of murder

A High Court judge yesterday freed five men who were charged with murder.

Two brothers Raphael Kipkurui Tipis and Patrick Kipkosgei Tipis as well as Stephen Maiyo, Lawrence Kipkurui and Joshua Kiprop were freed for lack of evidence.

They were accused of killing Michael Kiptoo at Kipsogon village in Mogotio jointly with others not before court.

While making the judgment, Justice Maureen Odero of the Nakuru High Court said the evidence presented before court did not prove beyond reasonable doubt that the five  murdered Kiptoo.

She said the charges and evidence presented were based on suspicion that they committed the crime. To her suspicion alone, however strong, could not form a basis for conviction.

"The evidence presented against the accused persons was based on suspicion that they committed the offence. Since suspicion alone cannot form a basis for conviction, I acquit them of the charge and the accused are set to liberty," read part of the judgment.

During the proceedings, no witness could positively identify the suspects.

The deceased's wife Benrose Chepchirchir had told the court that she did not witness the incident, and could therefore not positively identify any of the suspects. However, she referred to the accused as 'sons of Tipis' though she could not tell who.

Chepchirchir said her husband met his death on that fateful day after dinner when he went out after hearing commotion from a neighbour's house. He left her inside the house.

The commotion was allegedly as a result of initiates being beaten by a group of young men who had attacked them.

A postmortem done on the deceased showed he was hit on the head by a blunt object.