Lawyer denies fatally stabbing colleague in dispute over beer

A lawyer accused of murdering his colleague in Eldoret has told the High Court a quarrel over a glass of beer escalated into a scuffle that turned fatal.

Abel Mogaka denied he stabbed his colleague Calvin Ngaira during the altercation.

Mogaka testified before Robert Wananda at the High Court, which is hearing the murder case against him.

Justice Wananda last year ruled that Mogaka had a case to answer over the killing of Ngaira seven years ago.

The accused is alleged to have stabbed Ngaira with a broken beer bottle during a house party in the Annex area of Eldoret in February 2019.

Ngaira suffered a stab wound to the neck and bled to death while being rushed to hospital. He was the only son of retired school principal Hesbon Ngaira.

While placing Mogaka on his defence, Justice Wananda said the ruling did not imply guilt but the evidence presented in court linked the accused to the circumstances surrounding the death.

“I find that there is some evidence in connection with the manner in which the death occurred and he therefore has a case to answer,” the judge ruled.

During the trial, which has taken six years, witnesses told the court a dispute over a bottle of beer triggered a fight that ended tragically.

The two lawyers had attended a party hosted by a colleague at an apartment along the Eldoret–Nakuru highway.

CCTV footage was among key pieces of evidence presented by investigating officer Sofia Hassan from the Directorate of Criminal Investigations.

Hassan earlier told the court the two men engaged in a fight during the party before the incident turned tragic.

While giving his defence, Mogaka—through his lawyer Evans Miyienda—claimed the CCTV footage presented in court was selective and had been edited to favour the prosecution.

“They should have played the entire footage showing all that happened during the incident. The selective clips played in court are an attempt to complicate my defence,” he said.

Mogaka told the court Ngaira was the aggressor and the altercation began when the deceased allegedly attacked him with a bottle, causing injuries to his head and hands as he tried to defend himself.

“Your honour, looking at the video clips, I am the one being attacked and forced to run away. He started the whole issue and I was even trying to leave when he suddenly attacked me outside the house where we were,” Mogaka said.

He also claimed that during the scuffle, the deceased was assaulted by several people who were attempting to separate them.

“I did not have any weapon in my hands, which I could have used to attack the deceased,” he said.

Mogaka further told the court he did not know Ngaira before the party and they met for the first time that night.

According to the accused, the dispute began after he contributed money towards the purchase of drinks and was handed a beer by the host, only for Ngaira to allegedly snatch it from him.

Earlier in the trial, DCI officer Hassan told the court the dispute over the beer triggered the confrontation that eventually led to the fatal stabbing.

“It’s the exchange over the beer that led to a fight that turned ugly, extending outside the house where the stabbing occurred,” she said.

Ngaira died while undergoing treatment at Mediheal Hospital, about four kilometres from the scene.

The prosecution presented a blood-stained black-and-white t-shirt belonging to the deceased and broken pieces of glass as exhibits in the case.

More than 10 witnesses have testified for the prosecution, including senior crime investigator Daniel Kieni from the DCI headquarters in Nairobi and former Moi University student Edith Chebet.

Chebet told the court she witnessed the incident while attending the party.

“It all started inside the house due to an argument over a bottle of beer leading to a scuffle which extended outside for some time,” she said.

Thirteen clips from four CCTV cameras were played in court showing events leading up to the fatal stabbing.

Mogaka is expected to be cross-examined by the prosecution when the case resumes on April 15.

The accused has denied the murder charge and remains out on bond as the hearing continues.