Culture shock caused 'illiterate' man to kill activist, court told

Patrick Naweet a security officer charged with the murder of activist Elizabeth Ekaru on January 3, 2022 committed the offence because of culture shock, a court heard on Thursday.

Naweet told trial judge Edward Murithi of the Meru High Court that he had no intention of killing Ekaru but only acted in self defense.

His lawyer Hillary Mugambi said Naweet is a villager from Turkana and that the closest he had come to civilization was in Garbatula in Isiolo county.

Mugambi said the accused is a Standard 7 drop-out and is semi- illiterate and that his interaction with the deceased who was civilised and an outspoken activist at the time was like a shock to him.

“The accused encounter with the deceased who is outspoken, a woman and an activist he experienced a culture shock. He was not used to that as a native Turkana man,” Mugambi said.

A security guard accused of murder on Monday told a court that he did not intend to kill a human rights activist from Isiolo.

Naweet and Ekaru were both relatives and neighbours.

Both had attended the burial of their neighbour on the day she was killed. 

“We did not have any quarrel. However, a week ago, I had reported the case to the area chief after Ekaru extended her fence to my farm. After the burial she came and greeted me and told me to show her where she had extended the boundary,” Naweet said when he testified.

They went to the fence in question and a brief exchange of words ensued.

It was his testimony that the accused slapped him and he responded by hitting her with a stick.

 “We wrestled each other to the ground and the deceased sat on top of me and hit me with a stone. On seeing that my life was in danger, I took out a knife and stabbed her in the thigh. She then held the knife which cut her hands,” Naweet said. 

Prosecutor Erick Masila said the prosecution has proven the accused murdered the deceased and asked the court to show no mercy.

"The accused person attended burial armed with dagger after the burial he proceeded to where the deceased was and he lured the deceased who was with a minor and they headed to an open field where upon in a meticulous premeditated way murdered the deceased," Masila said.

Masila said the accused did not deny killing the deceased but he was riding on self-defense.

“It is alleged the deceased attacked the accused using a stone there was no medical report from the accused as to any injury he sustained from alleged attack. He was normal when he was first arraigned before this court and did not complain,” Masila said.

 Masila said the allegations of self-defense by accused according to section 17 of penal code do not apply.

“The amount of force was by excessive resulting to multiple injuries to deceased thighs and hands shows the deceased was shielding herself from repeated attacks meted on her by accused person which were excessive, the accused clearly wanted to finish her off,” Masila said in his last submissions. 

Masila said from the doctor’s postmortem there were multiple injuries to the deceased where by the stab was 10cm long and 21 cm deep.

He asked the court to consider the testimony of witness number 5, a young girl who was with the deceased when she was killed.

"There were only two people on the field the accused and deceased and there cannot be any case of mistaken identity.

Masila said the DNA analysis collaborated what PW5 said of the person who carried the murder weapon, blood samples of accused matched.

But Mugambi insisted the prosecution did not say who is the rightful owner of the parcel of land that brought the dispute between the two.

He said land is an immotive issue and that his client was provoked and acted in self-defense.

"The state has not proved enough to show in the day in a public arena that Naweet had intentions to kill the deceased," Mugambi said.

Judge Murithi will deliver his judgment on July 25.