Tears in Court as Three Men, Including Teacher, Acquitted of Nairobi Officer’s Murder After Four-Year Trial
“The question is, was the deceased preparing to commit a felony? What was his motivation to leave his residence and enter the 1st accused’s house at such odd hours without notice?

From left, Micah Bitok,a tutor at Sugoi secondary school, his co-accused persons, Philip Kipchumba Terer, and Eliud Kipruto Korir who were acquitted after Eldoret High Court found them not guilty in the killing of a Nairobi County enforcement officer Biran Kipsang Murgor.
Three men, including a secondary school teacher, were overcome with tears and relief as Justice Reuben Nyakundi of the Eldoret High Court acquitted them of charges related to the 2019 murder of a Nairobi County enforcement officer, Brian Kipsang Murgor.
The accused, Micah Bitok, a tutor at Sugoi Secondary School, along with Philip Kipchumba Terer and Eliud Kipruto Korir, were declared not guilty after the Judge ruled there was insufficient evidence to link them to the killing of Murgor on June 16, 2021, in Kapchan village, Soy sub-county, Uasin Gishu County.
Emotional Reaction in the Courtroom
The courtroom turned emotional as the three men broke down in tears inside the dock, expressing joy and relief after enduring years of a murder trial. Meanwhile, family members of the late Murgor looked on in disbelief and grief, visibly shaken by the court’s verdict.
Justice Nyakundi acquitted the men under Section 306(1) of the Criminal Procedure Code, stating:
“As a consequence, I take the view of not finding any of the accused persons guilty of the main offence or the lesser offences of manslaughter. All these failed thresholds of crime proved beyond reasonable doubt. It is painful for the victim’s family, but that is the law in Kenya.”
Details of the Incident
The late Brian Murgor was alleged to have been brutally murdered after sneaking into the children’s bedroom at the home of the first accused, Micah Bitok, around 4:00 am. Justice Nyakundi questioned the deceased’s motive and his presence at such odd hours in a stranger’s home.
“The question is, was the deceased preparing to commit a felony? What was his motivation to leave his residence and enter the 1st accused’s house at such odd hours without notice? Furthermore, he walked directly into the children’s bedroom, which raises significant concerns,” remarked Justice Nyakundi.
The Judge sympathized with the actions taken by the accused, adding:
“Which reasonable man would come into contact with a stranger in his house at 4:00 am and not have it addressed by use of force if no justifiable explanation comes from the suspect? The occupants of the homestead must have felt threatened as to their security, their right to life, and their private property.”
Accused Defend Their Actions
In his defence, Micah Bitok stated that he was home with his family when his wife heard a knock at their door early in the morning. Upon checking, he noticed someone entering their children’s bedroom unannounced.
“I came into contact with the stranger and asked him what he was doing in my house, but he gave no response. I was apprehensive that a thief had entered my house,” Bitok testified.
He added that his wife raised an alarm, drawing members of the public to the scene. The accused later learned that the deceased was a resident of Kipsangui village, located approximately 40 kilometers away from the incident location.
“I never assaulted the deceased, even when I left to report the incident to the authorities,” Bitok told the court.
Postmortem and Verdict
According to pathologist Macharia Benson from Moi Teaching and Referral Hospital, the deceased succumbed to extensive soft tissue injuries caused by blunt force trauma. However, Justice Nyakundi noted that the evidence presented by the prosecution failed to meet the threshold of proof required to convict the accused of murder or manslaughter.
In delivering his judgment, the Judge ordered the refund of cash bail deposited by the accused and discharged any sureties provided on their behalf.
Mixed Reactions to the Ruling
The verdict sparked mixed emotions, with the family of the slain officer left devastated by the acquittal, while supporters of the accused expressed relief and gratitude. Justice Nyakundi acknowledged the emotional toll on the victim’s family but emphasized that the decision was guided by the law.
“It is painful for the victim’s family, but the justice system operates on evidence and the principle of proof beyond reasonable doubt,” the Judge reiterated.
The ruling raises questions about the circumstances leading to Murgor’s presence at the accused’s residence, leaving lingering doubts over the true nature of the incident.