A Mombasa court has convicted banker Hannington Muthoka of attempted murder after finding him 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, in Bahati, Port Reitz, Mombasa County.
Muthoka had denied the charge under Section 220(a) of the Penal Code. The prosecution called 10 witnesses during the trial.
The court heard that Bana, a teacher at Changamwe Secondary School, had previously been in a relationship with Muthoka after meeting him while working at KCB’s Changamwe branch.
According to evidence presented in court, Muthoka picked Bana up after asking to discuss their relationship. The two drove towards Nyali, where they bought beauty products before proceeding to a club in Bamburi.
The court heard that Muthoka wanted to rekindle the relationship, but Bana declined. When she later asked to be taken home to Mikindani, Muthoka instead drove towards Changamwe before taking her to a secluded area in Bahati, Port Reitz.
The prosecution said Muthoka demanded sex from Bana, but she refused and ran from the vehicle while calling for help.
The court heard that Muthoka chased her and stabbed her three times in the back before driving away.
Two men who witnessed the incident testified that they found Bana bleeding, with a knife lodged in her back. She reportedly identified Muthoka as the person who had stabbed her.
Bana was taken to Port Reitz Hospital before being referred to Aga Khan Hospital, where she was admitted to the Intensive Care Unit and underwent emergency surgery.
Medical evidence showed that the knife had penetrated her left lung, causing it to collapse. Her injuries were classified as maim.
Forensic analysis also detected human blood on the knife, grass and clothing recovered during investigations, with DNA testing matching the blood to Bana.
In his defence, Muthoka maintained that he and Bana were still in a relationship at the time. He presented photographs, visas, M-Pesa records and WhatsApp messages, including records relating to a previous trip to Dubai.
He claimed Bana had produced the knife from her shopping bag and accidentally stabbed herself during a struggle as he attempted to disarm her.
The magistrate rejected the defence and found Muthoka responsible for the attack, ruling that the nature and severity of Bana’s injuries demonstrated an intention to kill her.
Muthoka was convicted under Section 215 of the Criminal Procedure Code.
He has not yet been sentenced. The case will be mentioned on October 12 for mitigation, prosecution submissions on sentencing and presentation of a victim impact statement by Bana
