Nairobi Kenya — The prime suspect in the murder of Lesbian, gay, bisexual, transgender and queer or questioning (LGBTQ) activist Edwin Kiprotich Kiptoo alias Chiloba has been found guilty of the slain activist's brutal murder.
The Eldoret High Court convicted Jackton Odhiambo after the prosecution, led by Mark Mugun, presented enough evidence through the testimonies of 23 witnesses, detailing the events leading to Chiloba's death.
The Office of The Director of Public Prosecutions (ODPP) in a statement said the evidence proved beyond reasonable doubt that the accused intentionally caused Chiloba's death.
Justice Nyakundi in his judgement, held that the prosecution had successfully established all the requisite elements of the offence of murder, as defined under Section 203 of the Penal Code and contrary to Article 26(1) of the Constitution of Kenya, which safeguards the right to life.
"I have looked at all evidence, including the last seen theory, forensic and DNA evidence, along with swabs taken and concluded that you were directly placed at the scene of crime," said Nyakundi.
The court did not find the motive of killing, but the judge said the manner of the killing proved that Odhiambo had aforethought malice and had deep hatred against the deceased.
The sentencing is scheduled for December 16, 2024.
Chiloba was then a final year student who was pursuing a bachelor's degree in Apparel Fashion and Design at the University of Eldoret.
His decomposing body was discovered dumped in a metallic box on January 3, 2023, along the busy Kipkenyo-Kaptinga road in Kapseret Sub County, 10 kilometers away from Eldoret town.
However, Odhiambo had denied killing Chiloba between December 31, 2022, and January 3, 2023, at Noble Breeze Apartment in the Chebisaas area of Uasin Gishu County.