Lawyer Mogaka put on his defence over the murder of colleague in Eldoret six years ago

The High Court in Eldoret has put lawyer Abel Mogaka on his defence in a case in which he is accused of murdering his colleague, Calvin Ngaira, six years ago.

Ten witnesses testified before High Court judge Robert Wananda, who ruled that the prosecution had established a prima facie case requiring Mogaka to answer to the murder charge.

The court heard that the alleged killing occurred on May 18, 2019, during a house party in Eldoret.

The defence hearing, which was scheduled to begin on Tuesday, was postponed to March 6, 2026, after lawyers representing the accused failed to appear in court and sought an adjournment.

Justice Wananda allowed the application but expressed dissatisfaction, noting that the court had set aside the entire day for the defence hearing.

Mogaka was expected to testify alongside two defence witnesses.

“The adjournment means the court has wasted an entire day, but I hope when the matter comes up again, we will not have any other interruptions. We have to come to the conclusion of this matter in the interest of justice,” Justice Wananda said.

During the prosecution hearing, the court was told that an altercation over a bottle of beer escalated into a violent fight at the party, during which Ngaira was allegedly killed by his colleague.

The deceased was the only son of Hesbon Ngaira, a former principal of Hill Primary School in Eldoret.

Evidence showed that a colleague of the two lawyers had invited more than 10 advocates, who had studied together at the Kenya School of Law, to his apartment in the Annex area on the Eldoret–Nakuru highway for a house party.

The merrymaking was, however, cut short after a vicious fight erupted between Mogaka and Ngaira.

DCI officer Sofia Hassan, the investigating officer in the case, told the court that the confrontation stemmed from a disagreement over a bottle of beer that the accused allegedly served to his cousin, who had accompanied him to the party.

The deceased reportedly questioned Mogaka about who had authorised him to give the beer to his cousin, who later emerged was not a lawyer.

“The differences over the bottle of beer escalated, leading to the fight at the party,” Hassan told the court.

Mogaka denied the murder charge and was released on a Sh1 million bond.

Ngaira, who had practised law for barely three months after being admitted to the Bar, later succumbed to his injuries while undergoing treatment at Mediheal Hospital.

Inspector Hassan testified that when she visited the scene and interrogated witnesses, it emerged that Ngaira had demanded to know from Mogaka who gave him permission to serve his cousin with alcohol.

The court heard that Mogaka, who was holding a glass of beer in his right hand, stormed out of the apartment, with the deceased following him and allegedly throwing kicks and blows, as captured in CCTV footage that was later played in court.

Mogaka was followed outside by a group of about six people, including his cousin, who was armed with a rungu, as the confrontation escalated.

It was during the fight outside the apartment that Ngaira was stabbed.

Hassan said she recovered from the scene a blood-stained black-and-white T-shirt belonging to the deceased and broken pieces of glass, which are being used as exhibits in the murder trial.

Among the witnesses who testified was senior crime investigator inspector Daniel Kieni from the DCI Nairobi headquarters and former Moi University student Edith Chebet.

Chebet told the court she witnessed the incident unfold during the house party, where she had been invited by a friend. She narrated how the accused allegedly aimed the glass he was holding in his right hand at Ngaira’s neck, leaving him bleeding profusely and ultimately leading to his death.

The former Moi University student said the fight began inside the house where the lawyers were socialising before spilling outside.

“The fight between the accused and the deceased started right inside the house following an altercation and extended outside for some time,” Chebet testified.

She told the court that after stabbing the victim in the neck, Mogaka dropped the broken glass on the ground.

“I even took photos of the pieces of glass using my mobile phone. We had tried to separate the two before things got worse,” Chebet said.

In his testimony, Kieni presented 13 video clips from four CCTV cameras, which were played in court. The footage showed how the deceased lawyer was fatally stabbed in the neck by the accused.

The clips captured Ngaira arriving at the apartment where the party was being held, the ensuing altercation, and the events that culminated in his death.

The deceased is seen throwing kicks at the accused, who attempts to evade by stepping back. None of the kicks land on him. Friends at the party are seen rushing out to intervene, but it is during the ensuing commotion that Ngaira is stabbed.