The ruling, delivered by Justice Nyakundi on Wednesday, December 4 comes nearly a year after the shocking murder, which sparked global condemnation.
Freelance photographer Jacktone Odhiambo, alias Lizer has been found guilty of the killing of LGBTQ activist Edwin Chiloba.
The ruling, delivered by Justice Nyakundi on Wednesday, December 4 comes nearly a year after the shocking murder, which sparked global condemnation.
Justice Reuben Nyakundi ruled that the prosecution proved its case against the suspect, who will now be sentenced on December 16, 2024, adding that both scientific, direct, and witness evidence linked the accused to the murder.
The judge added that forensic and DNA tests also showed that the two had an intimate relationship and were dear friends.
Slain LGBTQ activist Edwin Chiloba. /FILE
The court found the accused guilty of intentionally causing Chiloba’s death, meeting all the requisite elements of murder under Section 203 of the Penal Code. The prosecution, led by Mark Mugun, had presented evidence from 23 witnesses, including DNA profiles that linked the suspect to the crime.
Jacktone on February 8, 2023, denied his initial confession that he played a key role in the murder between December 31, 2022, and January 3, 2023. He was on January 31, 2023, charged with murder after police told an Eldoret Court that he would be treated as the main link to the murder.
Senior Principal Richard Odenyo directed that Odhiambo face murder charges at the High Court. He was immediately arraigned there to face murder charges.
However, four suspects who were linked to the murder were set free after the prosecution told the court that they had no evidence to charge the accused with the murder. Among them was popular TikTok user Junior Litali, whose real name is Dennis Litali. After the probe established that he had no links to Chiloba’s final moments, he used the online moniker Junior Litali.
Three released others were instructed to report to investigating officers monthly for three months.
The case drew international criticism from the international community, with countries like the United States of America offering to help probe the murder. This ruling thus marks a win for the Office of the Director of Public Prosecutions (ODPP) in a case that has generated interest across the world.
While it remains unclear whether this international pressure bears any links to the speedy resolution of the case, the case was solved barely a year after it began. This is a rare occurrence, with murder cases ordinarily taking several years.
Chiloba’s death brought into sharp focus the country’s laws stifling the LGBTQ community. President William Ruto criticised a decision by the Supreme Court to allow an LGBTQ rights organisation. The decision came barely two months after the death of Chiloba.
At the time, Ruto said the government respects the Supreme Court’s 3-2 decision ruling but that “our culture and religion does not allow same-sex marriages”, adding “It is not possible for our country, Kenya, to allow same-sex marriages. It will happen in other countries but not in Kenya.”
