Lawyer accused of killing colleague has case to answer - court
Abel Mogaka is accused of fatally stabbing Calvin Ngaira on the neck with a broken beer bottle during a party at the Annex area of Eldoret in February 2019.
A High Court in Eldoret has determined that lawyer Abel Mogaka must answer charges in the murder of his colleague Calvin Ngaira, whose death occurred during a social gathering six years ago.
Mogaka is accused of fatally stabbing Ngaira on the neck with a broken beer bottle during a party at the Annex area of Eldoret in February 2019.
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Ngaira was rushed to Mediheal Hospital, approximately four kilometres from the scene, but died before receiving full treatment. He was the only child of retired principal Hesbon Ngaira.
Justice Robert Wananda emphasised that the ruling does not imply guilt but is based on evidence linking Mogaka to the circumstances surrounding Ngaira’s death.
“I find that there is some evidence in his connection with the manner in which the death occurred, and he therefore has a case to answer,” the judge said, instructing the accused to begin preparing his defence.
Over the six-year trial, witnesses recounted how a disagreement over a bottle of beer escalated into a physical confrontation.
The party had been hosted by a colleague at an apartment along the Eldoret–Nakuru highway. Testimony revealed that Ngaira confronted Mogaka about allowing his cousin to serve beer reserved for lawyers, which triggered a heated argument.
Investigating officer Sofia Hassan from the Directorate of Criminal Investigations presented CCTV footage showing the altercation. She told the court the disagreement quickly turned into a fight that spilt outside the apartment.
“It’s the exchange over the beer that led to a fight that turned ugly, extending outside the house where the stabbing occurred,” Sofia explained.
The prosecution submitted 13 clips from four CCTV cameras as evidence. They also presented a bloodstained black-and-white T-shirt belonging to Ngaira and pieces of broken glass collected from the scene.
The footage reportedly shows Mogaka holding a glass of beer in his right hand as Ngaira attempted to kick him, immediately before the fatal stabbing outside the house.
Among the witnesses was senior crime investigator Inspector Daniel Kieni from the DCI headquarters in Nairobi and former Moi University student Edith Chebet, who was at the party.
“It all started inside the house due to an argument over the bottle of beer, leading to a scuffle which extended outside for some time,” Chebet said.
Mogaka, represented by lawyer Evans Miyienda, has denied the murder charge and has remained out on bond during the proceedings.
He attended the latest hearing virtually when the judge delivered the ruling. Peter Wasilwa, the lawyer representing the victim’s family, expressed satisfaction with the court process despite the long duration.
“We will continue to be patient as we wait for the case to conclude,” he said.
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