Brothers charged over Mt Elgon killings

Timothy Kiptanui Kitai (right) and his brother Cleophas Ngeywo Kitai when they were arraigned in a Bungoma Law Court on Thursday. The two are accused of being the leaders of the gang that had been terrorising Mt Elgon residents. [Raphael Wanjala/Standard]

The suspected leaders of a criminal gang that has been terrorising residents of Mount Elgon appeared in court under tight security.

Timothy Kiptanui Kitai alias Cheparkach, and Brother Cleophas Ngeywo Kitai, are facing various counts of murder, robbery with violence, defilement and rape.

The two appeared before Senior Resident Magistrate Gabriel Omondi and denied more than 50 charges.

There was silence in court as the magistrate read out the charges to the accused persons for about two hours.

The court heard that on diverse dates between October last year and February this year, the accused committed the offences in various parts of Mt Elgon, Kimilili, Chwele and Sirisia.

Both face eight counts of robbery with violence using deadly weapons, including an AK-47 rifle, pangas and iron rods. The court heard that the two attacked, shot and killed several people in Mt Elgon. The charges were contained in the first case.

In another case, the duo faces three counts of defiling minors, while another file had three counts of rape and were co-accused with one Alex Juma.

Kiptanui and Ngeywo are also charged with resisting arrest and causing disturbance at the Kimilili Law Courts in 2015.

They are said to have resisted arrest, assaulted a police officer and proceeded to shout and cause disturbance within the court premises, as they were being presented in court on November 23, 2015. Kiptanui is facing an additional charge of escaping lawful custody on April 7, 2016.

The prosecution, led by Nyakibia Mburu, applied for the accused to be denied bail, arguing that the two failed to abide by bail terms in a matter that was before a Kimilili court, forcing the prosecution to withdraw the cases.

Kiptanui sought court's help to find his family. “Your honour, some people were sent to burn and destroy my house under the instructions of the Deputy County Commissioner and an MP. I'm calling on the court to summon them,” he said.

He claimed the weapon they were accused of using to terrorize residents was given him by a politician in the presence of certain elders.

Ngeywo, on the other hand, demanded that those responsible for the destruction of his property be taken to court to give information.

Mr Omondi advised the accused persons to file a formal complaint with the relevant authorities to be granted a chance to present their case when hearing commences.

The mention for all the cases is slated for June 14. Hearing for the various cases will be between July 2 and 6.