A man accused of severally stabbing an activist resulting to her death has been found guilty of murder.
Patrick Naweet, who fatally stabbed five times Isiolo-based human rights activist Elizabeth Ekaru, was ordered to present his mitigation to Meru High court Judge Edward Murithi before sentencing. The Judge said the Prosecution led by Eric Masila through eleven witnesses had proved beyond any reasonable doubt that Naweet intentionally murdered the activist.
The Judge exonorated the deceased from defense claims that accused acted in self defense after being overpowered after the deceased sat on the accused, strangling him. “There is no direct evidence of attack on accused but there was evidence of struggle between the two according to investigating officer. There is no evidence the deceased attacked the accused with any weapon. There is no support from photos on him being hurt with a stone as defense claimed. Why multiple stabbing?” Justice Murithi questioned.
The Judge termed the attack ‘ferocious’ saying the five deep stabs were unnecessary and ordered the accused to secure a presentence report and mitigation on September 5, 2024.
Defence lawyer Hillary Mugambi had passionately asserted Naweet’s innocence, claiming that his action was an act of self-defence provoked by circumstances. Zainab Kombo was representing the deceased’s family.
Prosecution Counsel Erick Masila had painted a vivid picture of the crime scene, emphasizing the excessive force used by the accused.
The multiple injuries inflicted on Ekaru’s thighs and hands, he argued, indicated that she had desperately shielded herself from repeated attacks. Masila cited consistent and credible testimony from several witnesses, all pointing to Naweet’s culpability.
The defence had invoked customary law, urging the court to consider the context where men oppress women, an argument Masila dismissed as unreasonable. He maintained that the excessive force employed by Naweet was neither necessary nor reasonable.
Mugambi had countered, suggesting that manslaughter, not murder, should be the charge. According to him, the accused had been choked by the deceased before resorting to his weapon. He criticized the alleged incomplete police investigation regarding the disputed land ownership.
Witness Vincent Mutua, a DCI officer, provided crucial evidence. His photographs captured the aftermath of the incident, revealing a blood-stained knife hidden in the thicket.
Dr. Mohammed Abdikadir, who conducted the postmortem, testified about Ekaru’s extensive injuries. He testified that her brain had a 10cm-deep wound, her thigh a 20cm cut, and her right hand another wound. He said major blood vessels were affected, leading to fatal excessive bleeding which caused the death.
The Judge said the court looks into ingredients of murder and whether murder had been proved. The second witness confirmed that the accused was seen running with a blood stained knife. The court considered evidence from prosecution and accused’s defense and both agreed there was dispute on a boundary owned by the two.
Justice Murithi said PW5, a child heard her Auntie scream and immediately found accused running away with blood stained knife.
A doctor noted that DNA sample from deceased, being present on the shoe and dagger of accused person points to him as the attacker.
The accused is remanded at the Meru GK prison until his sentencing on September 5, 2024.