Ex-USIU Student Found Guilty of Murdering Colleague After 14-Year Trial

The Director of Public Prosecutions (DPP) has secured the conviction of Dancun Livingstone Kimathi, a former student of the United States International University-Africa (USIU-Africa), for the murder of his fellow student, Sarah Akello Aruwa.

In a statement on Friday, September 18, the Office of the Director of Public Prosecutions (ODPP) said the conviction brings to an end a murder trial that had lasted for about 14 years, with the prosecution presenting evidence linking Kimathi to the abduction and killing of Akello.

The court heard that Akello was a final-year International Relations student at USIU-Africa. 

According to the ODPP, on the day she disappeared, she told a friend that she was going out to meet a man she had previously met at the university library. 

She was subsequently abducted.

Justice Kanyi Kimondo found Kimathi guilty of the murder, which occurred between June 30 and July 1, 2012, in the Kiamako area of Githunguri, Kiambu County.

"Justice Kanyi Kimondo found Mr. Kimathi guilty of murdering Akello between 30th June and 1st July 2012. The incident occurred at Kiamako area in Githunguri, Kiambu County," the statement added.

The prosecution told the court that Akello's abductors demanded a ransom from her family after taking her captive. 

Her mother, Hellen Atieno Aruwa, testified that a man called her using her daughter's mobile phone and demanded Ksh100,000.

Akello's mother negotiated the ransom down to Ksh70,000 before reporting the matter at Kasarani Police Station.

The prosecution also called Akello's boyfriend, who told the court that he attempted to contact her after she went missing. 

He said a man answered the phone and demanded money for her release.

"Akello’s boyfriend also testified that when he attempted to contact her, a man answered the phone and demanded that Ksh100,000 be sent to her mobile phone as ransom," the statement further read.

Investigations into the disappearance later uncovered evidence from a house in Savannah where Kimathi's girlfriend, Wairimu, lived. 

The court was told that Akello had recorded the name Daniel Muriithi and a telephone number in her notebook, indicating that she intended to meet him.

However, the court established that Kimathi did not know Muriithi and concluded that the identity had been used to lure Akello into the trap.

"Police investigations later led to the recovery of the deceased bra, panties and a blood-stained top from a house in Savannah, where the accused’s girlfriend, Wairimu, lived. 

"The second accused subsequently absconded after being released on bail, and the court directed that the trial proceed in her absence," the statement noted.

The prosecution also presented postmortem evidence detailing the injuries suffered by Akello. 

The examination found a laceration at the back of her head, bruises around her neck and a protruding tongue.

"A postmortem examination established that the deceased had a laceration at the back of the head, bruises on the neck and her tongue was protruding from the mouth. The cause of death was established as neck compression through manual strangulation," the statement read.

Justice Kimondo found that Kimathi had acted with malice aforethought, holding that he and his accomplices had lured Akello into a trap with the intention of abducting her and demanding a ransom.

The court consequently convicted Kimathi of murder contrary to Section 203 as read with Section 204 of the Penal Code.

The prosecution, led by Millicent Kigira, called 17 witnesses during the lengthy trial as it sought to establish Kimathi's involvement in Akello's murder.

Kimathi will return to court on October 26, 2026, for sentencing following his conviction.

This comes a week after the DPP moved to extradite a Kenyan fugitive wanted in the United States of America to face sentencing following his conviction over a fatal drunk-driving offence.

In a statement on Thursday, September 10, the ODPP said it presented Sancho Kibutu before the Milimani Law Courts in Nairobi to commence extradition proceedings following his arrest.

"The DPP today presented Sancho Kibutu before the Milimani Law Courts in Nairobi to commence extradition proceedings following his arrest in Runda, Nairobi County," the statement read.

Kibutu is wanted by United States authorities pursuant to a formal extradition request dated December 3, 2019, submitted through the Office of the Attorney General and the U.S. Department of Justice.

"He was convicted in the United States of Gross Vehicular Manslaughter While Intoxicated, contrary to Section 191.5(a) of the California Penal Code, together with three special allegations," the statement added.

According to the extradition request, Kibutu had been on the run since October 11, 2013, after failing to comply with an order issued by the Superior Court of the State of California, County of Madera, requiring him to appear for sentencing on October 28, 2013.

His more than 13-year period as a fugitive ended after Kenyan authorities arrested him in Nairobi in connection with the extradition proceedings.

"His long period as a fugitive came to an end on 9th September 2026, when he was arrested in Runda pursuant to a warrant issued by the Chief Magistrate’s Court at Milimani on 3rd September 2026," the statement further read.

Kibutu later appeared before Senior Principal Magistrate Teresia Nyangena, where he sought to be released on bond or cash bail.

He told the court that he was willing to surrender his passport and comply with any conditions imposed by the court.

The DPP opposed his release, arguing that Kibutu posed a substantial flight risk because of the outstanding extradition request, the nature of the offence and his previous conduct of absconding from proceedings in the United States.

"After considering the application, the court declined to release Kibutu and ordered that he be detained at Gigiri Police Station pending further directions," the statement noted.

The matter will be mentioned on September 15, 2026, for further directions as the extradition proceedings continue.