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A disagreement over a bottle of beer escalated into a fight between lawyers that ended in death during a house party in Eldoret in 2019, a court has heard.

Lawyer Abel Mogaka told the High Court that he fought with fellow lawyer Calvin Ngaira Mosachi during the party, but denied stabbing him with a broken beer bottle as alleged by the prosecution.

Mogaka has been charged with murdering Ngaira.

While being cross-examined by prosecutor Brenda Oduor, Mogaka admitted that CCTV footage showed him and another man assaulting the deceased during the scuffle.

“As per the CCTV footage, two people were seen beating the deceased, and that is the other man who is armed,” Mogaka told the court.

However, he denied carrying any sharp object during the confrontation, insisting that if he was holding anything, it was his phone.

“I remember I was not holding anything, but if I had anything then it was my phone,” he said.

Mogaka claimed he restrained himself during the altercation and only attempted to defend himself after Ngaira allegedly attacked him repeatedly.

“I used my left hand to fight back, but I missed hitting him, and my hand landed on his T-shirt,” he testified.

The accused appeared before Justice Robert Wananda as he concluded his defence in the murder trial that had dragged on for six years.

At one point during proceedings, Mogaka objected to being referred to as “counsel,” saying he was appearing before the court as an individual and not in his professional capacity as a lawyer.

The court heard that the two lawyers attended a party hosted by a colleague in the Annex area of Eldoret on May 18, 2019, where an argument over a beer allegedly triggered the fatal confrontation.

According to the prosecution, Ngaira suffered a stab wound to the neck and bled to death while being rushed to the hospital.

Justice Wananda had earlier ruled that Mogaka had a case to answer, saying evidence presented in court linked him 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.

The prosecution has relied on CCTV footage presented by investigating officer Sofia Hassan of the Directorate of Criminal Investigations.

The footage, comprising 13 clips from four cameras, captured events leading up to the fatal incident.

During his defence, Mogaka claimed the clips shown in court were selective and 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 argued.

More than 10 prosecution witnesses have testified, including crime investigators and party attendees.

Former Moi University student Edith Chebet told the court the altercation began inside the house after a disagreement over alcohol before spilling outside where the alleged stabbing occurred.

The accused has denied the murder charge and remains out on bond pending determination of the case.