Justice Reuben Nyakundi ruled that the prosecution provided sufficient evidence to prove the murder was premeditated.
Chiloba, who was known for his advocacy for LGBTQ+ rights, was brutally murdered on New Year’s Eve in 2023.
His body was found abandoned in a metal trunk along a road in Kapseret, Uasin Gishu County.
Odhiambo, who was Chiloba’s roommate and suspected romantic partner, was identified as the prime suspect.
During the trial, the prosecution presented testimony from 22 witnesses. Key witnesses included the government’s chief pathologist, Dr. Johansen Oduor, and the principal chemist, Polycarp Kweyu.
Dr. Oduor testified that Chiloba died of asphyxia caused by blockage of his airways.
His mouth had been stuffed with socks, and his nose was obstructed by a piece of denim, making it impossible for him to breathe.
Polycarp Kweyu provided DNA evidence, revealing that male DNA found on the bed cover used to wrap Chiloba’s body matched Odhiambo’s profile.
The court concluded that the evidence left no doubt about Odhiambo’s involvement.
Justice Nyakundi stated that the murder was intentional, ruling out any claims of accidental or excusable death.
“This was not a death that was justifiable. It was malice aforethought,” he said.
Odhiambo was arrested shortly after Chiloba’s body was discovered and was formally charged with murder in February 2023.
While he initially confessed to the crime, he later retracted his statement, claiming innocence. However, the court found his defense unconvincing against the weight of the evidence presented.
The state is seeking the death penalty for Odhiambo, arguing that the crime was not only premeditated but also brutal. The sentencing hearing has been scheduled for December 16, 2024.
Edwin Chiloba’s murder drew national and international attention, shedding light on the challenges faced by the LGBTQ+ community in Kenya.
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