- Khatete told the judge that they had formally written to the DPP asking for plea bargain but they were yet to receive a concrete response.
- State Council Mark Mugun had told the court that they were ready to have a hearing date for the murder case.
Image: MATHEWS NDANYI
The High Court in Eldoret has granted the suspects in former athlete Agnes Tirop's murder case more time to negotiate for plea bargains.
Justice Richard Nyakundi adjourned the case to April 19, 2023.
This is after suspect Ibrahim Rotich's lawyer Simiyu Khatete said they were still pursuing plea bargains in the matter.
Khatete told the judge that they had formally written to the DPP asking for a plea bargain but they were yet to receive a concrete response.
"Our position is still that we are after plea bargain and not murder trial," Khatete said.
State Council Mark Mugun had told the court that they were ready to have a hearing date for the murder case.
He said the DPP was not ready to plea bargain on the murder case but the defence side wanted the case reduced to manslaughter.
"We will not negotiate on the murder charge, maybe the sentence," Mugun said.
The judge directed that the parties be given more time to concretise their engagements on the plea bargain.
Tirop's family Lawyer Richard Warigi said they had also not been served with the request for a plea bargain.
"We ask that we be served so that we give our response formally," said Warigi.
However, Warigi had a month ago written to the court and the DPP saying they had reservations about the process of plea bargaining because they have never been accorded the chance to be a party to the negotiation process if any.
In the letter, Warigi said pursuant to Article 4A of the Plea bargaining guidelines provides that the parties may negotiate by correspondence, in person, or legal representative or by a combination of the two as the parties may agree.
“Our clients have never been accorded that chance of being parties to the negotiation process," Warigi said.
He further quoted the Victims Protection Act Section 9 which provides that where the personal interests of a family have been affected the court has to permit the victim’s views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the court.
The lawyer also noted that as per the law, victims have the right to information and also the right to submit any information for consideration to the court during plea bargaining, bail hearing and sentencing.
Waringi said as per the provisions in the law, the family of Tirop has the right to be informed of any processes regarding the case against Rotich but it had been sidelined.
“It’s for these concerns raised that the family is not comfortable with the plea bargaining process and it will only be fair that the family be granted a hearing date for the murder case which it says is ripe for hearing.
Rotich has denied killing Tirop on October 12 at Rural Estate in Iten town.
Through his lawyer, Ngige Ngugi, Rotich had applied for plea bargaining and the court had also earlier rejected his application to be released on bond as the case continues.
Parents to Agnes including his father Vincent Tirop and mother Dinah Tirop were present in court yesterday.
Warigi said they were satisfied with the reasons given for the postponement of the matter but they would push for the hearing of the murder case and not a plea bargain as suggested by the suspect.
In the plea bargain, the suspect wants the matter reduced to manslaughter and a maximum of ten years sentence.