Man sentenced to life in prison in post-election murder case appeals

A man sentenced to life imprisonment two years ago for murder during the 2007-2008 post-election violence has appealed against the punishment.

Peter Kipkemboi Ruto alias ‘Saitoti’ challenged the sentence before appellate judges Philomena Mwilu, Roselyn Nambuye and Gatembu Kairu. Mr Ruto (right) was jailed by a Nakuru court in June 2012 for the murder of Kamau Thiong’o on January 1, 2008.

He had been accused of killing the 64-year-old before stealing his seven cows, three goats and torching eight houses in his compound in Timboroa, Uasin Gishu County with others not before the court, at the height of election skirmishes.

Through lawyer Ngetich Kipkoech, Ruto argued that the evidence that led to his conviction was riddled with inconsistencies and fabrications pertaining to his identification by witnesses who testified against him.

Kipkoech submitted that the evidence adduced by three key witnesses in the case was seriously contradicting despite the witnesses having been together at the scene of the crime on the material day and as such, the implication of the appellant in the murder was wholly an afterthought.

The lawyer pointed out that whereas the first witness’s account was that they were together with the second and the third witnesses, the third witness denied being with the first one.

Kipkoech added that the search for the body of the deceased, which was conducted later, sounded ridiculous as the first witness had testified he saw the deceased fall down after being shot with an arrow.

Kipkoech further submitted that the failure of the witnesses to identify Ruto at the material time and their ability to later identify him in the dock appeared strange since he was a neighbour they had known for more than 10 years.

“It appears as if this witness was hesitant and was simply concocting the evidence,” he said.