Jacktone Odhiambo was convicted for the murder of LQBTQ Activist Edwin Kiptoo Chiloba by the Eldoret High Court on Wednesday.
Justice Reuben Nyakundi found Odhiambo guilty of the charges after the prosecution proved its case against the him, and he will now be sentenced on December 16.
According to the judge, both scientific, direct, and witness evidence that was presented in court linked the accused to the murder. The judge said forensic and DNA tests also showed that the two had an intimate relationship and were dear friends.
Odhiambo had however denied being responsible for the Chiloba’s murder which is believed to have occurred between December 31, 2022, and January 3, 2023, at Noble Breeze Apartment in the Chebisaas, Uasin Gishu County.
Chiloba’s decomposing body was discovered in a metallic box on January 3, 2023. The box had been dumped 10km away from Eldoret town.
Nyakundi noted that all important links connect the accused to the commission of the offence, and the judge noted that the actions of the accused were planned, calculated, and with malice aforethought. Nyakundi said the prosecution had establishes beyond reasonable doubt that the accused was the last person seen with the deceased.
The judge went through an order of events during which the two were seen together at Tamasha Club from December 31st, 2022, to January 3, 2023 when Chiloba’s body was found stashed in a large metal box and dumped along a road in the town. Nyakundi said in his defense Odhiambo did not contradict prosecution evidence or prove how else the deceased lost his 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.Witnesses also heard cries from the deceased at around 3am on the fateful night, and perhaps those were the last cries as he fought to save himself from your unlawful act,” he said in his ruling.
An autopsy conducted on Chiloba’s death revealed that he died from suffocation after pieces of clothing, including jeans and socks, were stuffed into his mouth and nose. Odhiambo’s younger brother and cousin testified in court, explaining how they assisted him in loading Chiloba’s decomposing body, which was placed in a metal box, into a car. They then drove to Kipkenyo, where the body was left by the roadside.
The court was also told that after disposing of Chiloba’s body, Odhiambo used Chiloba’s M-Pesa account to settle several bills, including purchasing the metal box used to transport the body.
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