- A Mombasa court found banker Hannington Muthoka guilty of attempted murder after a date ended in a violent attack on his former girlfriend
- Two men who witnessed the incident found Bana bleeding and rushed her to Port Reitz Hospital before she was referred to Aga Khan Hospital
- Senior Resident Magistrate David Odhiambo made striking remarks about the law intervening in the private affairs of lovers when their encounters turn violent
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A Mombasa court has convicted a banker of attempted murder of his former girlfriend.
Source: Facebook
Senior Resident Magistrate David Odhiambo found Hannington Muthoka guilty of attempting to unlawfully cause the death of Elizabeth Shigari Bana during an attack in Bahati, Port Reitz, Changamwe, on September 25, 2023.
Sufficient evidence
In his judgment, the magistrate made striking remarks about the law intervening in the private affairs of lovers when their encounters turn violent.
"To imagine that in some people say in parts of Tanzania that musingililie mambo ya watu ambao wameshaguzana vitovu," Odhiambo remarked, using a Swahili expression referring to people who have become intimately involved.
"The law, however, does not care to penetrate their affairs to try and put things in order and fix the loose ends whenever one goes astray," he noted.
The magistrate observed that although the case might not have revealed everything that transpired between Muthoka and Bana during their relationship, the evidence presented in court established the circumstances surrounding the attack.
"That is what happened on 25th of September, 2023, when the accused person and the complainant met in the afternoon for what was supposed to be an ordinary date and quality time for the lovebirds, but things took a tragic turn when her life was threatened and almost taken away," he said.
The court heard that Muthoka and Bana, a teacher at Changamwe Secondary School, had previously been romantically involved after meeting when he worked at the bank's Changamwe branch.
On the day of the incident, Muthoka picked her up after requesting a meeting to discuss their relationship. They drove to Nyali, bought beauty products, and later went to a club in Bamburi for food and drinks.
Muthoka reportedly sought to rekindle their relationship, but Bana declined. When she asked him to take her home in Mikindani, he instead drove to a secluded area in Bahati, Port Reitz.
The court heard that Muthoka demanded an affair, but Bana refused, got out of the vehicle and attempted to flee while screaming for help.
He chased and stabbed her before escaping.
Two men who witnessed the incident found Bana bleeding. They rushed her to Port Reitz Hospital before she was referred to Aga Khan Hospital, where she underwent emergency surgery.
She was admitted to the Intensive Care Unit, while forensic analysis linked blood recovered from the knife, grass and clothing to her DNA.
During his defence, Muthoka denied attempting to kill Bana, claiming she had stabbed herself during a struggle as he tried to disarm her. He produced photographs, visas, M-Pesa receipts and WhatsApp messages to support his account.
However, Odhiambo rejected the defence, finding that the prosecution had proved its case beyond reasonable doubt.
The prosecution, led by Principal Prosecution Counsel Barbara Sombo, called 10 witnesses.
Muthoka was convicted under Section 215 of the Criminal Procedure Code for attempted murder under Section 220(a) of the Penal Code.
The case will be mentioned on October 21, 2026, for mitigation, sentencing submissions and a victim impact statement.
Objection to leniency
Bana told the court that she continues to experience frequent muscle spasms and chronic back pain requiring regular physiotherapy.
She added that the attack had also affected her family psychologically, forcing them to seek therapy to cope with its aftermath.
According to her affidavit, her ability to perform ordinary daily activities has significantly diminished, leaving her struggling to rebuild her life while adjusting to the physical limitations caused by her injuries.
The complainant also disputed suggestions that attempts to compensate her and reconcile with the accused amounted to a settlement or demonstrated forgiveness.
She explained that Nzomo’s advocate approached her lawyer about a possible out-of-court settlement. A man identified as Reagan, whom she understood to be the accused’s friend, also approached her regarding the matter.
However, she maintained that she neither agreed to the proposed settlement nor accepted reconciliation.
“The mere fact that approaches concerning compensation or reconciliation were made does not establish that I have forgiven the accused person, that the harm suffered has been remedied, or that genuine reconciliation has taken place,” she stated.
Bana further raised concerns about alleged harassment and intimidation during the pursuit of justice, saying the experiences had compounded her suffering and heightened fears for her safety and that of her family.
Source: TUKO.co.ke