A Mombasa court has convicted banker Hannington Muthoka of attempted murder after he was found guilty of stabbing his former lover, Elizabeth Shigari Bana, three times in the back in September 2023.
Senior Resident Magistrate David O. Odhiambo found that the prosecution had proved beyond reasonable doubt that Muthoka attempted to unlawfully cause Bana’s death on September 25, 2023, at Bahati in Port Reitz, Changamwe, Mombasa County.
Muthoka had denied the charge under Section 220(a) of the Penal Code. Principal Prosecution Counsel Barbara Sombo called 10 witnesses during the trial.
The court heard that Bana, a teacher at Changamwe Secondary School, had previously been romantically involved with Muthoka after meeting him while working at KCB’s Changamwe branch.
On the day of the incident, Muthoka picked Bana up after asking to meet and discuss their relationship. They drove towards Nyali, where they bought beauty products before proceeding to a club in Bamburi for food and drinks.
According to evidence presented in court, Muthoka attempted to rekindle the relationship, but Bana declined. When she later asked to be taken home to Mikindani, the court heard that Muthoka instead drove towards Changamwe and eventually took her to a secluded area in Bahati, Port Reitz.
The court heard that Muthoka demanded sex from Bana, who refused before getting out of the vehicle and running away while screaming for help. Muthoka chased her and caught up with her before stabbing her three times in the back, according to the prosecution evidence.
Two men who were nearby testified that they saw the pair struggling before Muthoka returned to his vehicle and drove away. They found Bana bleeding, with a knife lodged in her back. Bana told the men that her former boyfriend had stabbed her. They took her to Port Reitz Hospital before she was referred to Aga Khan Hospital, where she was admitted to the Intensive Care Unit and underwent emergency surgery to remove the knife.
Medical evidence showed that the blade had penetrated Bana’s left lung, causing it to collapse. A clinical officer classified her injuries as maim, while a surgeon confirmed the location of the blade. Forensic analysis also detected human blood on the knife, grass and clothing recovered in connection with the incident. DNA testing matched the blood to Bana’s buccal swab.
Muthoka, in his sworn defence, maintained that he and Bana were still lovers at the time of the incident. He produced photographs, visas, M-Pesa records and WhatsApp messages, including material relating to a previous trip to Dubai.
He claimed Bana had produced the knife from her shopping bag and stabbed herself during a struggle as he attempted to disarm her.
The magistrate rejected the defence after considering the evidence and found Muthoka responsible for the attack. The court further held that the nature and severity of Bana’s injuries demonstrated an intention to take away her life. Muthoka was convicted under Section 215 of the Criminal Procedure Code.
He has not yet been sentenced. The matter will be mentioned on October 12, for mitigation, prosecution submissions on sentencing and a victim impact statement from Bana.
