Police reservist convicted of the murder of a teacher in 2022

Court gavel. [Courtesy]

The Kabarnet High Court has convicted a National Police Reservist following a banditry attack that led to the death of a teacher three years ago.

Justice Rachel Ngetich convicted Wilson Chebii of killing Wycliffe Simotwo on May 1, 2022, at Terrain, Kinyach in Baringo North.

Justice Ngetich ruled that Chebii used a lethal weapon to strike Simotwo several times, which he ought to have knowing that the injuries inflicted would cause death.

“The accused had premeditated his actions. I find that malice aforethought under Section 206 (b) of the Penal Code was proved beyond a reasonable doubt,” the judge added.

Ian Chebor testified that on May 1, 2022, he was herding livestock with the teacher and two other people in the forest when bandits raided.

At the time, Chebor said the attackers had guns, but saw the accused following their earlier encounters at Elgeyo Marakwet while grazing.

During the raid, Chebor narrowly escaped the gunshots, ran home, and informed his father and villagers about the incident, then went back to the scene after three hours.

At the scene, they found the lifeless body of the teacher lying on the ground with blood oozing from his hands and legs.

Pius Kiptoo says while herding livestock along the Kerio Valley, with Chebor and two others, he was approached by Chebii inquiring about the whereabouts of his father.

Suddenly, he saw about 20 people who used to graze together, and he went to meet with the others and found them on top of a tree.

He learned that Chebii and the attackers had raided and escaped with the livestock.

After the attack, he said the teacher came down from the tree and ran towards Kerio Valley forest while the other ran home.

Kiptoo and Simotwo hid in the forest, but suddenly heard gunshots. He ran home and informed his parents, leaving the teachers alone.

He remained home, as his father and villagers went to the forest, only to learn that the teacher had been killed.

The investigating officer, Pius Odeke, received a report that an unknown number of suspected bandits from Elgeyo Marakwet had raided, killed a person, and stolen 125 livestock in Nginyach.

Odeke allegedly learned from the witnesses that Chebii, an NPR from Elgeyo Marakwet, was involved, but didn’t arrest him immediately.

The accused was later arrested within Arror, in Marakwet West, on July 20, 2023

He alleged that since the arrest of the accused, the area has experienced relative calm among the communities.

Dr. Wangare Wambugu, a pathologist, opined that Simotwo died as a result of multiple gunshot wounds to his vital organs.

In his defence, Chebii said he was ploughing at his farm when he heard a gunshot, and he responded.

The court observed that the accused intended to kill the deceased

“The choice of where he aimed and severely injured the deceased is indicative of one bent on inflicting maximum harm or death on his victim,” the court noted.