- Witnesses testified that the fight erupted after the deceased found Chepkoech with another man, the bike rider behind closed doors.
- The court agreed with her version, finding that the prosecution had not proved that she had malice aforethought in killing the man.
Image: FILE
Tabitha Chepkoech prepared supper for her 3 and 5 years old kids, tucked them in bed before stepping out for a drinking spree and later in the night, hell broke loose.
It was May 5, 2019, in Bomet.
Out and about, she went to the first pub, she drank till it got closed for the day and then she moved to the next drinking den.
When all was said and done, Chepkoech hitched a motorbike ride to her house for the rest of the night.
Motorbike remained parked at her door. It is not clear whether the rider was inside Chepkoech's house for the night.
Later that night two men, one claiming to be her lover turned up at her door kicking and knocking, demanding to enter.
The man, Kevin Kiptoo, was armed with a knife.
When she came out to see what was happening, the two men dragged her out, and a fight ensued. At the end of it, Kiptoo died from a stabbing wound from his own knife.
Chepkoech would be arrested the following day when she presented herself to the local police station.
The mother of two was then charged in court with murder.
However, to her reprieve, the Bomet court changed her charge to manslaughter and convicted her on February 24.
Witnesses testified that the fight erupted after the deceased found Chepkoech with another man, the bike rider behind closed doors.
In her defence, Chepkoech told the court that she was defending herself and that Kiptoo was not her lover.
She denied being in love with him, saying it was not a love triangle.
In fact, she said it was the man who wanted to rape her when they stormed her house.
She said that wielding the knife, the man dragged her out and engaged her in a heated scuffle.
"[She] stated that the deceased pulled out a knife and tried to unzip her trouser. That she struggled to grab the knife from him and the knife pierced him. That she then left to go and make a report at the police station and she was arrested."
"She said that the two[men] wanted to rape her. In cross-examination, the Accused denied having any relationship with Kevin and also with the bodaboda rider. She stated that there was no love triangle," the court papers read.
It was her case that though she was the one holding the knife's handle, it pierced the neck of her attacker inadvertently and she had no malicious intent.
The court agreed with her version, finding that the prosecution had not proved that she had malice aforethought in killing the man.
"PW2’s evidence that they fought raises the possibility that the stabbing was sudden and may too have been in self-defence. As the law stands, the benefit of such doubt must go to the accused person."
"I, therefore, find that the prosecution has not proved the ingredient of mens rea to the required legal standard. "
She awaits her sentencing.