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Kenya man gets 50 years in prison for killing LGBTQ activist

Andrew Wasike in Nairobi
December 16, 2024

A court in Kenya has handed a 50-year prison sentence to the photographer who murdered Edwin Kiprotich Chiloba, a prominent LGBTQ activist and designer.

https://p.dw.com/p/4nnmB
Kenyan LGBTQ+ activist Edwin Chiloba poses for a selfie
The murder of LGBTQ+ activist Edwin Chiloba sparked international outrageImage: Edwin Chiloba via Facebook/REUTERS

Justice Reuben Nyakundi sentenced Jacktone Odhiambo to 50 years in prison for the premeditated killing of Edwin Chiloba.

"I have looked at the matter and weighed all balances and the middle ground between death penalty and life imprisonment is that you serve 50 years in jail for this offense," Nyakundi said.

Chiloba's family had asked the High Court in Eldoret to impose the death penalty. 

The body of Chiloba, a prominent LGBTQ+ rights activist and model, was found stuffed in a metal box along a road near Eldoret in early January.

The discovery sparked a national and international outcry, with rights organizations raising concerns about the dangers LGBTQ+ individuals face in Kenya.

Kenya: LGBTQ activist's death raises safety concerns

How Kenyans regard the sentence

DW asked residents of Nairobi what they thought of the sentencing. Mercy Wairimu, a student at Jomo Kenyatta University said: "I don’t agree with this LGBTQ stuff, but no one deserves to die like that. Justice has been served, and the killer got what he deserved."

Businessman Fredrick Monja said the outcome upholds basic human rights. "Chiloba’s death was a tragedy, and I’m glad the court took a strong stand. It’s a step forward for justice in our country."

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. 

Kenyan members and supporters of the LGTB community wear rainbow-colored masks to preserve their anonymity
The LGBTQ community in Kenya and many other African countries still faces discriminationImage: Ben Curtis/AP Photo/picture alliance

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.

Street Debate: Queer rights in Kenya

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 and Benita van Eyssen