A Mombasa court has found a banker guilty of attempting to murder his former girlfriend following a violent attack in Bahati, Port Reitz, Changamwe, on September 25, 2023.
Senior Resident Magistrate David Odhiambo convicted Hannington Muthoka of attempting to unlawfully cause the death of Elizabeth Shigari Bana, a teacher at Changamwe Secondary School.
In his judgment, the magistrate reflected on the role of the law when relationships turn violent, challenging the notion that authorities should stay out of lovers’ private affairs.
“To imagine that in some parts of Tanzania people say, ‘msiingilie mambo ya watu ambao wameshaguzana vitovu,’” Odhiambo remarked, referring to a Swahili expression about people who have become intimately involved.
The magistrate observed that although the trial might not have revealed every detail of the couple’s relationship, the evidence 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.
How the Attack Happened
The court heard that Muthoka and Bana had previously been romantically involved after meeting when he worked at a bank’s Changamwe branch.
On the day of the incident, Muthoka reportedly asked Bana to meet him to discuss their relationship and later picked her up. They drove to Nyali, where they bought beauty products, before proceeding to a club in Bamburi for food and drinks.
Muthoka allegedly wanted 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.
According to the evidence presented in court, Muthoka demanded an intimate relationship, but Bana refused. She got out of the vehicle and attempted to flee while screaming for help.
The court heard that Muthoka chased and stabbed her before fleeing the scene.
Two men who witnessed the incident found Bana bleeding and rushed her to Port Reitz Hospital. She was later transferred to Aga Khan Hospital, where she underwent emergency surgery and was admitted to the Intensive Care Unit.
Forensic analysis linked blood recovered from the knife, grass and clothing to Bana’s DNA, according to the evidence presented during the trial.
Accused Denied Attempting to Kill Her
In his defence, Muthoka denied attempting to kill Bana, claiming she had stabbed herself during a struggle as he tried to disarm her.
He presented photographs, visas, M-Pesa receipts and WhatsApp messages in support of his account.
Bana also disputed suggestions that efforts to compensate her and reconcile with Muthoka amounted to a settlement or demonstrated forgiveness.
She told the court that an advocate identified as representing Nzomo had approached her lawyer about a possible out-of-court settlement. A man identified as Reagan, whom she understood to be Muthoka’s friend, had also approached her over the matter.
However, she maintained that she had 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 increased fears for her safety and that of her family.
