Senior counsel professor Tom Ojienda has told the court that the owner of a renowned restaurant, Ranalo Foods, famously referred to as K’Osewe and his client Tom Oywa Mboya were fighting over K’osewe wife.
Professor Tom Ojienda who was giving his final submissions in the attempted murder charge asked chief Magistrate Martha Mutuku to acquit his client
“The complainant had threatened to kill the accused. We urge you to consider that the prolonged provocation of Osewe to Tom was too much. He alleged that Tom was so close to his wife” said Ojienda.
“Oywa was threatened and he acted because of the threat by Osewe, If they have any settlement should be done in civil court” he added
The prosecutor Anderson Gikunda asked the court to find the accused guilty of attempted murder saying It’s by luck that Osewe is alive today.
“The intent was to kill the complainant. The accused knew that Osewe was dead when he went to report to the police station”. Said Gikunda
“The complainant was not armed. No firearm was produced to prove that Osewe was armed. We plead with the court to find Oywa guilty of the offence” said Gukunda
Tom Oywa Mboya was charged and denied two counts of attempted murder by shooting Osewe in the stomach and chest.
The court will give its judgement on 11th August.
