- On the final day of the hearing, several items including blood samples and swabs collected from the body of Chiloba were displayed at the court.
- The samples also include those taken from Odhiambo.
Image: BY MATHEWS NDANYI
The state has closed its prosecution case after presenting 22 witnesses in murder case of LQBTQ activist Edwin Kiptoo alias Chiloba which is going on at the High Court in Eldoret.
Prosecutor Mark Mugun is leading the case against suspect Jackstone Odhiambo who has denied murdering Chiloba two years ago in the town.
Justice Reuben Nyakundi has directed Mugun and Odhiambo’s lawyer Mathai Maina to file their final submissions before he makes a ruling on whether to put the suspect on his defense or not.
“Before that you will have a day to highlight the main areas in your submissions then I will give my ruling on the way forward,” said the judge.
On the final day of the hearing, several items including blood samples and swabs collected from the body of Chiloba were displayed at the court. The samples also include those taken from Odhiambo.
Polycap Luta Kweyu who is the Principal chemist at the government chemist in Kisumu, produced the samples when he testified before Justice Nyakundi.
Luta said he received the first batch of samples on January 11, 2023. The samples he received included anal swabs from Chiloba's body along with finger nail clippings, some clothes including under wears, socks removed from the body and bed sheets from the house where Chiloba's body was found.
On 19th of the same month he also received 27 more items from the DCI in Eldoret including those from Odhiambo.
Luta said he was asked to establish the genetic relation of two sets of material received in his findings, Luta said he established that stains from the anal swabs and on the boxer and red trouser tested positive for spermatozoa.
He said the male DNA profile generated from the annul swabs and stains from clothes and bed sheets was a mixture of the deceased and suspect Odhiambo.
Luta further revealed that the male DNA profiles generated from the bed covers matched seminal fluids that came from Odhiambo. Lawyer Mathai cross examined Luta on how the samples were sourced before being taken to the chemist in Kisumu.
"Suspect Odhiambo was not presented to us at the government chemist but the samples we received were indicated to have been obtained at the Moi Referral Hospital in Eldoret.
Justice Nyakundi was forced to move the hearing outside the court room after Luta said it was not convenient to display the items in a closed court. "Some of the items are not in good condition and I advice that maybe they be displayed out of the court room," Luta said.
The court took a break to allow lawyers, journalists and court officials among others to source for masks before the items were displayed.
The items were tightly packed and sealed in water proof envelopes.
Odhiambo has denied murdering Chiloba between December 31 and January 3 in Eldoret.
The body of Chiloba was recovered in a metallic box dumped on the outskirts of the town.
The murder allegedly occurred at Noble Breeze apartment where Chiloba allegedly lived with the suspect.
The hearing will continue on June 3.