The High Court in Eldoret was on Tuesday forced to adjourn the hearing of a murder case after it emerged that the accused was a Kenya Certificate of Primary Education (KCPE ) candidate.
The 32-year-old remandee, Eliud Cheruiyot, is among the 1.4 million candidates sitting for this year’s national examination across the country.
The trial of the case was set to begin, and the State counsel, Mark Mugun, had lined up three key prosecution witnesses, who were to give their evidence before the presiding judge, Justice Reuben Nyakundi.
In the case filed in court two years ago, Cheruiyot is charged with the murder of a Police Constable, Julius Mengich.
“The hearing of the murder case against the accused person will not proceed today as planned because the information we have from the prison and the accused's advocate is that the accused is sitting for his KCPE exams at the Eldoret GK remand prison. I pray for another date,” said Mugun.
According to the court papers, Cheruiyot is accused of murdering the police officer on November 19, 2021, at Kokwobarar village in Marakwet West sub-county, Elgeyo Marakwet County.
He denied the charges when he appeared before Justice Nyakundi.
The court heard that the accused, while armed with a poisoned arrow, aimed at the deceased and speared him on the neck, killing him on the spot. The attack followed an altercation between the two.
The initial police report indicated that the slain police officer had accompanied his colleague to a scene where the accused and his neighbour were involved in a land boundary dispute before he met his death.
Justice Nyakundi directed that the case be heard on February 19, 2024.