Republic v. Christian Baledi Kadima alias Erick Kambaye Katalayi

Republic v. Christian Baledi Kadima alias Erick Kambaye Katalayi

High Court at Machakos, Kenya
Criminal Case E002 of 2021
[2025] KEHC 4042 (KLR)

INTRODUCTION

This is a criminal case that concerns the murder of Elizabeth Koki Musyoki, a prominent Kenyan advocate, allegedly by her boyfriend, Christian Baledi Kadima, under multiple aliases including Erick Kambaye Katalayi and Eulogue Christian Baledi Kadima.

The prosecution charged Kadima with murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63), Laws of Kenya.

The offense occurred on the night of 7th January 2021 at Syokimau in Machakos County.

The case garnered significant public and media attention due to the high profile of the victim and the circumstances.

FACTS OF THE CASE

On the night of January 7, 2021, Elizabeth Koki Musyoka was at her Syokimau home with her boyfriend, Christian Baledi Kadima.

Kadima was last seen entering the deceased’s bedroom, locking the door behind him.

PW1, the house help, heard unusual movement from the bedroom but did not intervene.

Kadima called PW1 multiple times and instructed her to close the gate as he left late that night in the deceased’s car.

The next morning, PW1 found Koki unresponsive, lying on her back with her face covered by two pillows, one bloodstained.

Blood was also seen on the floor and window; no signs of forced entry were noted.

Police were contacted, and the scene was preserved as a potential homicide Kadima lied to Edwin Khamasi Esasa (PW2), claiming the deceased had been hospitalized and was unconscious.

He discarded both his SIM cards to avoid detection and refused to share family contacts.

He checked into a guesthouse in Uthiru and attempted to flee the country.

Kadima obtained forged documents and bought a one-way bus ticket to Kampala under the alias “Eric Kambaye.” He was arrested on January 8, 2021, in Nairobi with another woman. The deceased’s vehicle was recovered by police along Ngong Road.

A post-mortem by Dr. Johansen Odour confirmed cause of death as asphyxia due to suffocation.

The body showed bruises, internal bleeding, neck abrasions, and signs of oxygen deprivation.

No defensive injuries were found, suggesting she was overpowered during the assault.

Witness testimonies, forensic evidence, and Kadima’s behavior formed a consistent chain linking him to the murder.

LEGAL ISSUES

Primary Issue

Whether the accused unlawfully caused the death of Elizabeth Koki Musyoki with malice aforethought, constituting the offence of murder under Section 203 as read with Section 204 of the Penal Code.

Sub-issues

Whether the prosecution proved the elements of murder beyond reasonable doubt.

Whether the accused’s actions demonstrated malice aforethought.

PROSECUTION’S ARGUMENTS:

PW1, Grace Ndanu Kioko, testified that the accused, Christian Baledi Kadima, entered the deceased’s bedroom on the evening of January 7, 2021, and locked the door behind him No other person entered the house that night, according to PW1, making the accused the last person seen with the deceased while she was alive.

This exclusive access to the deceased placed the accused in a unique position to commit the offence without interruption or external interference.

PW2 testified that the accused later admitted to pushing the deceased against the wall during an argument triggered by messages found on his phone.

The confession to PW2 established both the presence of motive and an active physical altercation, thereby supporting the prosecution’s theory of an escalated domestic confrontation.

PW1 further stated that she heard movements from the bedroom, described as sounds resembling people running, indicating a struggle had likely occurred.

These sounds were consistent with a violent encounter and were heard while the accused was still inside the bedroom with the deceased.

Dr. Johansen Odour (PW5), a forensic pathologist, testified that the deceased sustained multiple bruises on her limbs, shoulders, and tongue, as well as abrasions on her neck.

PW5 also found signs of cyanosis and petechial hemorrhages, both medically recognized indicators of asphyxiation due to oxygen deprivation.

The cause of death was determined to be asphyxia resulting from suffocation, likely caused by smothering the deceased’s face with pillows.

PW1 confirmed that the deceased was found with two pillows covering her face, one of which was stained with blood.

PW2 testified that the accused deliberately misled him by claiming the deceased had been hospitalized and was unconscious, although he knew she was dead.

The accused refused to give PW2 the deceased’s family contact until the last moment, thereby obstructing timely intervention raising suspicion.

Two prosecution confirmed that the accused instructed that his SIM cards be discarded, and he personally disposed of both to avoid being traced.

The accused checked into a guest house under a false identity and prepared to leave the country using a bus ticket issued under the name “Eric Kambaye.”

He also obtained a forged passport and related travel documents, further confirming his intent to abscond from the jurisdiction.

These post-offence actions, including deception, concealment of evidence, and attempted flight, demonstrated clear consciousness of guilt.

The prosecution asserted that the accused’s conduct was inconsistent with that of an innocent person and strongly supported the inference of culpability.

All evidence, testimonial, medical, and circumstantial, formed an unbroken chain that pointed to the accused as the person responsible for the deceased’s unlawful death.

The prosecution therefore urged the court to find that the elements of murder under Sections 203 and 206 of the Penal Code had been proved beyond reasonable doubt.

DEFENDANT’S ARGUMENTS:

The defendant, testified that he holds dual nationality, having been born in the Democratic Republic of Congo and later becoming a naturalized citizen of South Africa. He produced his South African passport in court to support his identity and insisted that his official names are Euloge Christian Kadima, not Erick Kabaye as alleged by the prosecution.

Kadima confirmed that he and the deceased were in a committed relationship for about a year, and becoming formally engaged exactly one year later. He described their relationship as loving and harmonious, emphasizing that they shared sensitive financial information and even got matching tattoos as a sign of their commitment to each other.

On 5 January 2021, Kadima recounted that the deceased began to feel unwell while they were together. Concerned for her health, he took the following morning to see a doctor, who prescribed medication and recommended a COVID-19 test.

After the doctor’s visit, Kadima and the deceased spent the night at his apartment. The next morning, he accompanied her to her house, where he instructed the house help and the deceased’s children to keep a safe distance, as he feared she might have contracted COVID-19. He then left for work at his gym.

On the evening of 7 January 2021, Kadima stated that he met with a friend at a lounge, where they spent time together until around 9:30 pm. He then returned to the deceased’s house to check on her, found her feeling better, and after discussing business matters, he kissed her goodnight and left.

Kadima explained that he went to Onyx Club, where he spent the night with friends and his bodyguard. He left the club in the early morning hours, dropped off his friends, and checked into a hotel where he stayed until the following morning. After breakfast, he dropped his friend at and continued with his daily appointments in town On 8 January 2021, Kadima said he did not communicate with the deceased during the day. Later in the evening, he met up with his friend again and they proceeded to a lodging in the city. Shortly after arriving, police officers knocked on his door and arrested him.

Kadima insisted that he only learned about the murder accusation during police interrogation at Mlolongo Police Station. He categorically denied any involvement in the death of Elizabeth Koki Musyoki and maintained that he had no motive or reason to harm her.

The defendant further denied ever assaulting the deceased or any of his previous partners. He challenged the prosecution’s insinuations regarding a violent history, stating there was no evidence to support such claims.

Kadima also refuted the prosecution’s allegation that he was attempting to escape from Kenya. He argued that the documentation produced by the prosecution to support this claim was fabricated by the police. He maintained that he never used the name “Erick Kabaye” and did not forge any documents or attempt to bribe anyone to obtain travel documents.

The defendant disputed claims that he left the deceased’s house in a hurry on the night in question, asserting that he departed at a normal pace.

Kadima concluded his testimony by emphasizing the loving and peaceful nature of his relationship with the deceased, the absence of any credible evidence linking him to the crime, and his lack of motive. He urged the court to acquit him, maintaining his innocence and praying that the truth would be established through the judicial process.

The defense challenged the sufficiency of the prosecution’s evidence but did not present a substantive alibi.

COURT’S ANALYSIS

1. The court examined the totality of the evidence, including:
2. Testimony from the house help and other witnesses establishing the accused’s presence.
3. Forensic and post-mortem evidence confirming the cause of death and the violent nature of the act.
4. The accused’s flight and attempts to conceal his identity post-crime, which the court interpreted as indicative of guilt.
5. The absence of any credible defense or alternative explanation from the accused.

The court applied Section 203 of the Penal Code, which defines murder as the unlawful killing of another person with malice aforethought, and Section 204, which prescribes the penalty.

DECISION

The court found Christian Baledi Kadima guilty of murder. He was sentenced to 40 years in prison.

SIGNIFICANCE

The doctrine of “last seen”, used in convicting the defendant is an emerging and valuable principle in murder cases, particularly where direct evidence is limited. It holds that if the accused was the last person seen with the deceased shortly before their death under suspicious circumstances, the court may infer their involvement unless a credible explanation is provided.

Additionally, this doctrine aids in drawing reasonable inferences from circumstantial evidence, helping to establish guilt when no other suspects are apparent. However, it is applied cautiously to ensure it does not undermine the presumption of innocence and is typically used alongside other evidence. As an emerging doctrine, it plays an increasingly crucial role in criminal trials by bridging gaps where direct proof is unavailable, thereby strengthening the prosecution’s case while safeguarding fair trial rights.

The case also demonstrates the application of Kenyan criminal law regarding murder, especially the assessment of malice aforethought.

It highlighted the challenges of handling suspects with multiple identities and foreign backgrounds.

The judgment reaffirmed the importance of forensic evidence and circumstantial evidence in securing convictions for violent crimes.

CONCLUSION

The High Court’s decision in Republic v. Kadima underscores the Kenyan judiciary’s commitment to upholding the rule of law and ensuring justice for victims of violent crime. The case sets a precedent for the treatment of circumstantial evidence in murder trials and signals to the public the seriousness with which such offences are prosecuted.

REFERENCE(S):

Republic v Kadima alias Erick Kambaye Katalayi alias Eulogue Christian Baledi Kadima (Criminal Case E002 of 2021) [2025] KEHC 4042 (KLR)

Citizen Digital: “Nigerian man jailed for 40 years over brutal murder of Kenyan fiancée”

The Standard: “Foreigner in custody over lawyer Elizabeth Koki’s death”