- Patrick Naweet had been accused of stabbing the Isiolo-based activist severally resulting in her death
- The accused is a Standard 7 drop-out, is semi-illiterate and his interaction with Ekaru - who was civilised and a vocal activist - was a shock to him, lawyer says
Image: FILE
A Turkana man who was charged with the murder of a human rights activist in Isiolo in 2022, has been found guilty.
Patrick Naweet, who was a security guard at the time, was accused of killing activist Elizabeth Ekaru on January 3, 2022.
Meru High Court judge Edward Muriithi on Friday convicted Naweet and ordered for his mitigation and pre-sentencing report before the sentencing on September 5.
“I find the accused guilty of the offence of murder. The prosecution proved beyond reasonable doubt that Naweet murdered the deceased against cause and I convict him. The accused is to be remanded until the date for sentencing,” Justice Muriithi said in his judgment.
Naweet had been accused of stabbing the Isiolo-based activist severally resulting in her death.
Naweet and Ekaru were both relatives and neighbours.
They had a dispute over land.
On the day she was killed, Ekaru had attended the burial of a neighbour.
Naweet, who also attended the burial, allegedly asked Ekaru to accompany him to the land in dispute, which was near the burial place.
“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 Ekaru 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.
But the judge disagreed with that account of events.
There was no direct evidence of an attack on the accused, but there was evidence of struggle between the two.
“There is no evidence the deceased attacked the accused with any weapon. There is also no support from photos of him being hurt with a stone as the defence claimed. Why multiple stabbing?” Muriithi posed.
The attack was ‘ferocious’, the judge said, adding that the five deep stabs were unnecessary.
The prosecution led by Eric Masila, which called 11 witnesses, had proved that Naweet intentionally murdered the activist.
Muriithi said the multiple injuries inflicted on Ekaru’s thighs and hands indicated she had desperately shielded herself from repeated attacks.
“Consistent and credible testimony from several witnesses, all point to Naweet’s culpability.”
During his testimony, Naweet had claimed he committed the offence because of 'culture shock'.
His lawyer Hillary Mugambi said Naweet is a villager from Turkana and that the closest he had come to civilisation was in Garbatula in Isiolo county.
The accused is a Standard 7 drop-out, is semi-illiterate and his interaction with Ekaru - who was civilised and a vocal activist - was a shock to him.
“The accused's 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.
He said he had no intention of killing Ekaru but only acted in self-defense.