Jacktone Odhiambo: Convict in the murder of LGBTQ activist handed a 50-year jail sentence

The convict in the murder of LGBTQ activist Edwin Kiprotich Kiptoo alias Chiloba has been handed a 50 year jail term by the High Court in Eldoret.

The Court in Eldoret found freelance photographer Jacktonne Odhiambo alias Lizer guilty of the offence.

Justice Reuben Nyakundi sitting in Eldoret termed the case aggregated homicide, and it was a murder that was premeditated, planned and executed brutally.

According to Justice Nyakundi, the accused had shown no sincere or genuine remorse since the incident and that the accused deserved the death penalty, which was not however, implemented in Kenya.

He therefore declined to issue a death penalty and said time had come for a clear recession to be made on the place of the death penalty.

“I have scrutinized the the matter and weighed all balances and the middle ground between the death penalty and life imprisonment is that you serve 50 years in jail for this offence," ruled Justice Nyakundi.

He added that the nature and manner of killing the deceased were brutal because the accused inserted six(6) pairs of socks in the throat and denied oxygen, culminating in the collapse of the deceased.

“The heinous act was premeditated and was with ill will and malice to the extent that the accused used money for the deceased to buy a metallic box, hired a vehicle to carry body and concealed evidence. The footprints to this crime are all traceable to the accused," said Justice Nyakundi before the jammed Court.

Before the judgment, Ms Gaudensia Chelimo, who was a cousin to the deceased, asked the court to hand the convict a death sentence or life imprisonment.

“This will appease the family for the agony we've gone through, though it won’t bring our brother back," Ms Chelimo said amid tears.

She said the family was devastated because Chiloba who was the only son in his family, had a bright future.

State counsel Mark Mugun agreed with the family of the deceased for Odhiambo to serve a life sentence.

“We have heard that an entire family line is gone in that death, and that is very painful to the family of the deceased," said Mr Mugun.

Last week, the Eldoret High Court ruled that it has found Odhiambo guilty of murder after the prosecution, led by Mugun, presented enough evidence through the testimonies of 23 witnesses, detailing the events leading to Chiloba’s death.

The Office of The Director of Public Prosecutions (ODPP) in a statement said the evidence proved beyond reasonable doubt that the accused intentionally caused Chiloba’s death.

Justice Nyakundi in his judgement, held that the prosecution had successfully established all the requisite elements of the offence of murder, as defined under Section 203 of the Penal Code and contrary to Article 26(1) of the Constitution of Kenya, which safeguards the right to life.

“I have gone through all evidence, including the last seen theory, forensic and DNA evidence, along with swabs taken and concluded that you were directly placed at the scene of crime,” ruled Justice Nyakundi.

The court did not find the motive of killing, but the judge said the manner of the killing proved that Odhiambo had aforethought malice and had deep hatred against the deceased.

Chiloba was then a final year student who was pursuing a Bachelor’s Degree in Apparel Fashion and Design at the University of Eldoret.

His decomposing body was discovered dumped in a metallic box on January 3, 2023, along the busy Kipkenyo-Kaptinga road in Kapseret Sub County, 10 kilometres away from Eldoret town.

However, Odhiambo had denied killing Chiloba between December 31, 2022, and January 1,2023.

An autopsy that was conducted on the body of the deceased by government pathologist Dr Johansen Oduor showed that he died of asphyxiation ( lack of oxygen).

Chiloba’s death attracted global interest due to the country’s stance on gay rights.