A man accused of attempting to kill has been remanded in custody until tomorrow morning after he referred to the complainant as an animal. – By Meshack Makau.
Identified as Tom Oywa Mboya, the accused is said to have shot Ranalo Foods Owner William Osewe three times on December 1, 2016 at Garden Estate.
The accused who is out on bond was remanded by the Milimani Law Courts Chief Magistrate Martha Mutuku for using vulgar language which demeaned the court.
“You have used language that has violated the dignity of this court despite warning you severally. I cannot allow a person to refer to another human being as an animal. I Remand you until tomorrow morning so that you can rethink about the language to be used in court as we proceed with this case,” ruled Mutuku.
Mr. Mboya used the vulgar language during cross-examination by the state prosecutor Anderson Gikunda on the shooting of the Complainant on the material. He had appeared in court for defense hearing.
The accused told the court that on that fateful day he fired two shots on the air and another at Osewe’s right hand which was holding a firearm just to scare him. According to the police report the complainant was shot three times.
He further told the court that as he was leaving The Hagon Hotel off Thika Road he saw Mr. Osewe storming out of his car and started shouting at him, ‘umelala na bibi yangu sana lakini leo nimekupata.’
A police report seen by Uzalendo News indicates that the complainant had approached the suspect on the material day with the intention of talking to him because he owed the suspect some money. The suspect had reported the complainant to the police claiming that he had been threatened by him.
In the attempt to talk to him the situation escalated to shooting of the complainant by the suspect and as a result a stray bullet hit a security guard at the facility. Mr. Osewe dropped down unconscious. The accused has further confirmed that after shooting the complainant he did not help him but rather rushed at Kasarani police station to report the incident.
When asked by the prosecution counsel why he continued shooting the complainant who was already disarmed, he said that Osewe was behaving like an animal and as a result the court was prompted to intervene following his remarks.
In another incident where the court witnessed disrespect was when Mboya, a few minutes before referring to Osewe as an animal picked a sweet from his pocket and started chewing without seeking the court’s permission.
The court advised his lawyer to caution him to stop using obscene language when in court and that he should always respect the court.