It has been two years of searching for justice for Edwin Kiptoo alias Chiloba, an LGBTQ activist who was brutally murdered, his mutilated body stashed in a metal box and dumped in Kapseret on the outskirts of Eldoret town.
The High Court in Eldoret has sentenced Jackton Odhiambo, who was found guilty of the murder to 50 years imprisonment.
The slain activist's family had sought a death sentence but the court handed Odhiambo, 25, to half a century in prison for the murder of his alleged lover.
Justice Reuben Nyakundi described Chiloba’s murder as an aggravated homicide but noted that although the death sentence that Chiloba’s family requested is still lawful, its implementation is still at large.
He said that he could not issue the death penalty in vain while calling for a discussion to solve the debate on the place of the death penalty in view of the upsurge of killings and even femicide in the country.
“Having weighed many factors in this matter, there is no single mitigating factor in your favour, Jackton. Between the death penalty and the life sentence, the middle ground for me is to sentence you to serve a custodial sentence of 50 years in prison taking into account the time spent in custody,” Justice Nyakundi added.
The judge noted in his judgment that Odhiambo, who was the last person seen with the deceased on the eve of December 31, 2022 at a local club in Eldoret, premeditated the murder and bore malice aforethought.
“I find no psychological, psychiatric, or pathological reason as to why a friend would end the life of his friend in that manner. I find that the convict was not remorseful in any way. The young age of the convict cannot be used as a sufficient mitigating factor in this case,” Nyakundi added.
The late Chiloba’s decomposing body was discovered stashed in a metallic box along the busy Kipkenyo-Kaptinga road in Kapseret sub county, Uasin Gishu County on January 3, 2023.
According to the court information, Odhiambo is said to have committed the murder between December 31, 2022 and January 3,2023 at Noble Breeze Apartments in Chebisaas area in Moiben.
The judge further described Odhiambo’s acts as full of hatred, holding that he planned and executed the murder of his friend who was his roommate and trusted friend who some of the witnesses revealed was his lover.
Nyakundi stated that circumstantial, scientific and direct evidence pointed at Odhiambo as the perpetrator of Chiloba’s gruesome murder.
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He said that evidence showed that Odhiambo committed a sexual act with the deceased before smothering him to death. Government Principal Chemist Polycarp Kweyu had told the court that DNA swabs from the deceased’s rectum matched samples collected from Odhiambo.
“The forensic scientific evidence, the DNA profile showed that before the deceased died you committed a sexual act against nature according to our laws. It showed clearly that beyond any reasonable doubt, you were the last person seen to be with the deceased. You were with the deceased at Tamasha night club before heading home. The DNA profile places you at the scene of crime,” the judge stated.
He noted that after the murder, Odhiambo used Chiloba’s own phone and money from MPesa to pay the blacksmith who sold him the huge metallic box in which Chiloba’s body was found.
“The deceased’s body was found with hands tied using shoe laces and mouth stuffed with socks. He died of Asphyxia - lack of oxygen - after he was smothered to death. His prime age was cut short by the accused person’s actions,” the judge added.
The judge said that Chiloba’s body had defensive injuries noting that ‘he tried to protect his right to life but as fate would have it the accused would not allow it.’
The judge also delved into the same-sex relationship issue which he said is gaining prominence among the youths while calling on the society and the law to condemn the emerging cohabitation and intimate relationships among people of the same gender.
“We are dealing with the matter of crime and not intimate relationships between the accused convict and the deceased but as far as the Kenyan law is concerned, marriage is between a man and a woman. Same sex unions are considered immoral,” the court stated.
Nyakundi noted that the prosecution led by counsel Mark Mugun had proved its case beyond reasonable doubt.
Mugun in his final submission reiterated how Odhiambo went on a spending spree using Chiloba’s money on food, drinks, women and sex immediately after killing his victim.
“If the accused is indeed remorseful, he should have sought forgiveness from the deceased’s family. Over the two years, he has never shown any remorse, even during defense,” Mugun stated.
Chiloba’s family led by the deceased’s cousin Claudesia Tanui said that the family is still heartbroken by the loss of their only son who they praised as jovial and loving. They asked for a death sentence or life imprisonment for the convict saying the family has suffered psychological and emotional trauma since the incident.
“The generation of my late uncle Philip was ended by the heinous murder of Kiprotich who was the only son in his family. The only mistake Kiprotich made was loving Odhiambo who was actually his greatest enemy and who caused his death. Odhiambo murdered his friend who was paying his rent and buying him food,” said Tanui.
Tanui claimed that Odhiambo had been wearing the deceased’s clothes whenever he appeared in court.
Maathai Maina, Odhiambo’s lawyer, told the court that his client is a changed man and that he is remorseful and rehabilitated after spending two years in remand.
Chiloba’s brutal murder raised many questions about his death as well as his relationship with Odhiambo, a freelance photographer then the prime suspect behind his murder.
At first, allegations were rife that the slain gay activist had met his death in the hands of homophobic persons who wanted him dead.
But police preliminary investigations proved otherwise. That Chiloba was smothered to death not by strangers but by a man he knew well. His roommate and lover.
And whereas Chiloba’s family including his adoptive parents, Peter and Donna Pfaltzgraff openly dismissed allegations that their son was a member of the rainbow community, the police revealed that the duo had a ‘close relationship and were residing in the same premises where the deceased met his death.’
Social media posts and interactions between Chiloba and Odhiambo showed that the duo was inseparable. Apart from their love for fashion, modelling and photography, the couple had been on the forefront of championing the rights of the LGBTV society.
They also never shied away from expressing their love for each other with their instagram interactions revealing that they co-owned a dog named littymous. The pet also had an Instagram account with about 228 followers and acknowledged the duo as its parents.
On its profile, the Japanese spitz dog whose last post is dated December 31, 2022 has its gender acknowledged as a ‘he.’
“I am a Japanese spitz and human friendly. Parents @iam.lizer and @its_edwinchiloba,” reads the pet’s profile.
Chiloba’s cousin Glaudesia Tanui told the court that Odhiambo’s family was not remorseful and that during trial the family was flaunting the dog which they would bring to court. She claimed the dog belonged to Chiloba.
On Odhiambo's social media pages are photos of him and Chiloba and also those of the duo and a woman believed to be his wife.
On November 30,2022, Odhiambo posted a photo of himself and his alleged wife and son, while wishing the lady a happy anniversary.
In his caption, Odhiambo reminds the lady of their anniversary while stating his commitment to her.In the comments, Chiloba's reply in which he expressed love for the couple is pinned.
After the murder news spread, Kenyans thronged the duo's social media platforms leaving their comments as they wondered whether the lady in question knew that her husband was also in a relationship with the deceased.
"This is so confusing. The guy was a roommate to Edwin and were lovers as well yet Odhiambo had a wife and a child. Was Odhiambo married and gay?" Questioned one netizen on Odhiambo's timeline.
At Noble Breeze apartment where the duo lived, Chiloba’s caretaker Alex Nyamweya said that Odhiambo had called him using Chiloba’s phone on January 4, 2023 informing him that he was vacating the house they lived in. He said that the suspect had told curious neighbors who had smelt a bad odour from Chiloba’s house that it was a dead rat that was in their room.
Police said Odhiambo vacated the house and moved with some of the deceased’s belongings to a house in Huruma Estate. Some of the belongings that had been recovered were subjected to forensic examination.
Yesterday's sentencing brings to an end a matter involving a subject (LGBTQ) that is discussed in hushed tones in the the late Chiloba's community because it is considered an abomination.
During Chiloba's burial on January 17, 2023, a representative from University of Eldoret where Chiloba was a student, told mourners how shocked she was to discover that the slain fashion enthusiast was an LGBTQ activist.
Odhiambo has a right to appeal the sentence within 14 days.