Kenyan Justice Reuben Nyakundi ruled that the prosecution presented sufficient evidence to prove Jacktone Odhiambo’s guilt beyond a reasonable doubt in the murder of LGBTQ+ activist Edwin Chiloba. Sentencing is scheduled for December 16.
The judge noted that forensic and DNA tests revealed an intimate relationship between Jacktone Odhiambo and Edwin Chiloba; he added that the evidence was a crucial part of the case, offering insight into the nature of their connection and supporting the prosecution’s argument linking Odhiambo to the crime.
Chiloba, a prominentLGBTQ+ rights activist and model, was reported missing in January 2023. His body was found the following day, stuffed in a metal boxalong a road near Eldoret.
The discovery sparked a national and international outcry, with rights organizations raising concerns about the dangers LGBTQ+ individuals face in Kenya.
Condemnation from human rights groups
Groups such as the Kenya National Commission on Human Rights and Amnesty International Kenya condemned the killing. They urged authorities to ensure a thorough investigation and justice for the slain activist.
Odhiambo, who had been living with Chiloba at an apartment in Eldoret, was arrested shortly after the incident.
Investigations revealed that the murder occurred between December 31, 2022, and January 3, 2023, when the body was recovered.
The court heard testimony from 22 witnesses, including government pathologist Dr. Johansen Oduor, who confirmed that Chiloba died from asphyxiation caused by smothering.
Despite Odhiambo’s denial of involvement, the evidence presented during the trial was overwhelming, according to Justice Nyakundi.
Call for stronger protection for sexual minorities
Activists in Kenya have called for stronger protections for sexual minorities and an end to violence and discrimination.
Ivy Werimba, the communications and advocacy officer at galck+, a coalition of 16 LGBTIQ organizations in Kenya, described the ruling as long-awaited justice for Kenya’s LGBTQ+ community.
“It is justice that took a long time to get there,” Werimba told DW. “My credits to the National Gay and Lesbian Human Rights Commission and all the partners they’ve been working with. They’ve been patient and pushed to not only mobilize the community to show up to court, but also to get the case itself to the point where we finally have a sentencing date.”
Werimba noted the systemic barriers LGBTQ+ individuals face in seeking justice in Kenya and across African countries.
“The system doesn’t think that the community really has or should be catered to by justice. Back in 2023, the first thing was just shock — that two men were in a relationship and that this had happened within a same-sex relationship,” she explained, adding that such a reaction was mirrored by the justice system and media conversations.
Verdict a significant milestone for LGBTQ+ rights in Kenya
Despite the challenges, Werimba said the verdict is a milestone.
“It’s really great that we finally have a ruling that highlights that when queer people are saying they want their rights, it’s not anything special,” she stressed.
“We are also Kenyan citizens living our own lives and going through things we’d like our institutions to help us with,” she said. “This ruling is an indication of progress, showing that queer people are being seen by various institutions, especially the judiciary.”
Francis Musii, a student at Jomo Kenyatta University, echoed Werimba’s sentiments.
“This ruling shows that justice can work for everyone, no matter who they are. It’s a step forward for equality in our country,” Musii told DW. “But let’s be honest, this case only got attention because it was high-profile. There are so many others who never get justice; they need justice too.”
The case has drawn attention to the widespread violence and discrimination faced by members of the LGBTQ+ community in Kenya, where same-sex relations remain criminalized.
Activists have called for urgent reforms to protect marginalized communities, emphasizing the importance of addressing deep-rooted societal biases that often lead to tragic outcomes.
Edited by: Chrispin Mwakideu
