Security Guard Found Guilty in Murder of Activist Ekaru

By Dennis Dibondo

A security guard Patrick Naweet accused of killing an activist Elizabeth Ekaru has been found guilty of murder.

Naweet was ordered to present his mitigation to Meru High court presiding Judge Edward Murithi before as he awaits sentensing on September 5.

He followed the ruling virtually from Meru Main Prison. He is accused of killing the activist in Isiolo on January 3, 2022.

Naweet in his defence earleir said he had no intention of killing Ekaru but only acted in self-defense.

The accused had denied the charges, and the prosecution lined up 11 witnesses.

The case was heard on Thursday, August 15, 2024. Murithi said the court has considered the evidence against the accused and defence as required by law.

Naweet and deceased 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 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 testified.

He said they went to the fence in question, and a brief exchange of words ensued. It was his testimony that the deceased 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.

Judge Edward Murithi said court did not find evidence that there was provocation to reduce the murder charge to man slaughter.

Murithi said told the defence councel that the accused was a Turkana native man who could not act as a woman provokes him as it promotes gender based violence.

"It is criminal to assault a woman no matter the provocation," Murithi said.

He said there was no direct evidence of the deceased attacking the accused. DNA evidence places the two at the scene when the incident happened.

furthermo he said there was evidence of struggle between the two.

In addition it would not have been necessary to stab the deceased several times to free himself.

The accused is guilty of murder contrary to sections 203 and 204 of the penal code. 

He said there will be mitigation procedures before judgement on September 5, 2024.

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 defence claims that the 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.

The Judge termed the attack ‘ferocious’ saying there were five deep cuts.

"I find the accused guilty of offense of murder. The Prosecution proved beyond reasonable doubt that Naweet murdered the deceased against cause and I convict him. I order for mitigation and pre- sentencing report".

The accused is to be remanded until the date for sentencing.

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.