A man accused of repeatedly stabbing a human rights activist, leading to her death, has been found guilty of murder.
Patrick Naweet, who fatally stabbed Elizabeth Ekaru, a human rights activist based in Isiolo, five times, was ordered by Meru High Court Judge Edward Murithi to present his mitigation before sentencing.
Judge Murithi stated that the Prosecution, led by Eric Masila with the testimony of eleven witnesses, had proven beyond a reasonable doubt that Naweet intentionally murdered Ekaru.
The Judge rejected the defense’s claims that Naweet acted in self-defense, allegedly after being overpowered by the deceased, who they claimed had sat on him and attempted to strangle him.
“There is no direct evidence of an attack on the accused, but there was evidence of a struggle between the two, according to the investigating officer. There is no evidence that the deceased attacked the accused with any weapon. There is also no support from the photos showing the accused being hurt with a stone, as the defense claimed. Why multiple stabbings?” Justice Murithi questioned. The Judge described the attack as ‘ferocious,’ noting that the five deep stab wounds were excessive and unnecessary. He ordered Naweet to secure a pre-sentence report and present his mitigation on September 5, 2024.
“I find the accused guilty of the offense of murder. The Prosecution has proven beyond a reasonable doubt that Naweet murdered the deceased, and I hereby convict him. I order for mitigation and a pre-sentencing report. The accused is to be remanded until the sentencing date,” Justice Murithi declared.
Defense lawyer Hillary Mugambi had vigorously argued for Naweet’s innocence, claiming that his actions were in self-defense, provoked by the circumstances.
Zainab Kombo represented the deceased’s family in court.
Prosecution Counsel Eric Masila vividly described the crime scene, highlighting the excessive force used by the accused.
He pointed to the multiple injuries inflicted on Ekaru’s thighs and hands, indicating that she had desperately tried to shield herself from repeated attacks.
Masila cited consistent and credible testimony from several witnesses, all of whom implicated Naweet.
The defense had invoked customary law, urging the court to consider the context in which men oppress women, an argument Masila dismissed as unreasonable.
He argued that the excessive force employed by Naweet was neither necessary nor justified.
Mugambi had countered by suggesting that the charge should be manslaughter, not murder.
He claimed that the accused had been choked by the deceased before resorting to using his weapon. Mugambi also criticized the allegedly incomplete police investigation regarding the disputed land ownership.
A key witness, Vincent Mutua, a DCI officer, provided crucial evidence, including photographs of the aftermath of the incident, which revealed a blood-stained knife hidden in the thicket.
Dr. Mohammed Abdikadir, who conducted the postmortem, testified about Ekaru’s extensive injuries, including a 10cm-deep wound to her brain, a 20cm cut on her thigh, and another wound on her right hand.
Dr. Abdikadir explained that major blood vessels were affected, leading to excessive bleeding, which ultimately caused Ekaru’s death.
The Judge stated that the court examined the elements of murder and whether the charge had been proven.
A second witness confirmed seeing the accused running with a blood-stained knife.
The court considered evidence from both the prosecution and the defense, acknowledging that there was a dispute over a boundary owned by both parties.
Justice Murithi noted that PW5, a child, heard her aunt scream and immediately saw the accused running away with a blood-stained knife.
Additionally, a doctor confirmed that DNA samples from the deceased were found on the accused’s shoe and dagger, further implicating him as the attacker.
The accused remains in custody at Meru GK Prison until his sentencing on September 5, 2024.
