A Mombasa court has convicted banker Hannington Muthoka of attempted murder after finding him responsible for a violent attack on his former lover, Elizabeth Shigari Bana, in September 2023.
Muthoka was found guilty of attempting to unlawfully cause Bana’s death on September 25, 2023, at Bahati in the Port Reitz area of Changamwe, Mombasa County.
Senior Resident Magistrate David O. Odhiambo ruled that the prosecution had proved its case beyond reasonable doubt after calling 10 witnesses during the trial.
The case was prosecuted by Principal Prosecution Counsel Barbara Sombo.
How the incident unfolded
According to evidence presented in court, Bana, a teacher at Changamwe Secondary School, had previously been romantically involved with Muthoka, whom she had met while working at KCB’s Changamwe branch.
On the day of the incident, Muthoka reportedly picked Bana up after asking to meet and discuss their relationship.
The two initially travelled towards Nyali, where they went shopping and purchased beauty products before proceeding to a club in Bamburi.
While there, they had food and drinks as Muthoka reportedly reminisced about their relationship and attempted to convince Bana to rekindle it.
Bana declined.
When she later asked to be taken home to Mikindani, the court heard that Muthoka instead drove towards Changamwe.
The situation escalated after he allegedly took her to a secluded location in Bahati, Port Reitz, where he demanded sex.
Bana refused and got out of the vehicle before running away while screaming for help.
The prosecution told the court that Muthoka chased after her, caught up with her and stabbed her three times in the back before fleeing in his vehicle.
Two men who were in the area testified that they witnessed the pair struggling shortly before Muthoka drove away.
They found Bana seriously injured, with the blade still lodged in her back.
She reportedly identified Muthoka as the person who had attacked her.
Emergency treatment
The two men rushed Bana to Port Reitz Hospital, from where she was referred to Aga Khan Hospital for specialised treatment.
She was admitted to the Intensive Care Unit and underwent emergency surgery to remove the blade.
Medical evidence presented during the trial showed that the injuries were severe.
A clinical officer classified them as maim, while the court heard that the blade had penetrated Bana’s left lung, causing it to collapse.
A surgeon also confirmed the position of the blade and the seriousness of the injuries.
Forensic evidence further linked the recovered item to Bana.
Analysis found human blood on the item, grass and clothing, with DNA matching Bana’s buccal swab, according to the prosecution evidence.
Banker denied attacking his former lover
Muthoka denied the charge and offered a different account of what happened.
In his sworn defence, he maintained that he and Bana were still in a relationship at the time of the incident and told the court that they had previously travelled to Dubai together.
He produced photographs, visas, M-Pesa records and WhatsApp messages to support his account of their relationship.
Muthoka further claimed that Bana had produced the item during a struggle and injured herself as he attempted to disarm her.
The court, however, rejected his explanation after considering the prosecution’s evidence.
Magistrate Odhiambo found that the evidence presented during the trial established Muthoka’s responsibility for the attack.
The court also considered the nature and severity of Bana’s injuries in determining the intention behind the attack.
The prosecution’s case was therefore accepted beyond the required criminal standard of proof.
Conviction and sentencing date
Muthoka was convicted under Section 215 of the Criminal Procedure Code after the court found the prosecution’s case proved beyond reasonable doubt.
Kenyan courts have previously considered the nature of injuries, the circumstances surrounding an attack and evidence of intention when determining attempted-murder cases.
Section 220(a) of the Penal Code is the provision under which attempted murder is charged.
The case will return to court on October 12, 2026, for mitigation, prosecution sentencing submissions and a victim impact statement from Bana.
The conviction does not therefore mark the end of the proceedings, as the court is yet to determine the appropriate sentence after hearing the parties on the next steps.
The case has also highlighted the serious consequences that can follow disputes involving former intimate partners, particularly where allegations of violence arise.
For now, the court’s finding is that the prosecution successfully established Muthoka’s criminal responsibility for the 2023 attack.
The Office of the Director of Public Prosecutions confirmed the conviction in a statement issued on September 28, 2026.
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