Deceased lawyer Calvin Musachi NgairaThe High Court is set to deliver judgment in the murder trial of lawyer Abel Mogaka, who is accused of killing his colleague, Calvin Musachi Ngaira, during a house party in Eldoret seven years ago.
The case came up for a virtual mention before Justice Robert Wananda, where the prosecution and the defence confirmed they had filed their final submissions ahead of judgment.
State counsel Brenda Oduor, appearing for the Office of the Director of Public Prosecutions, and Evans Miyenda, representing Mogaka, told the court they had complied with its directions.
"We have filed our submissions as directed by the court," Miyenda said.
Justice Wananda scheduled another mention for September 22, when he is expected to set a date for the delivery of judgment.
The final submissions, filed by both sides, summarise the evidence and legal arguments presented during the trial, which has run for seven years since Ngaira's death following the incident on May 19, 2019.
The hearing concluded after 14 witnesses, including two defence witnesses, testified before the court.
During his defence, Mogaka admitted he fought with Ngaira after an argument over a bottle of beer at a party attended by fellow lawyers. He said the disagreement escalated into a physical confrontation before Ngaira collapsed.
However, Mogaka denied stabbing the deceased or carrying a sharp object or broken beer bottle, as alleged by the prosecution.
During cross-examination by Oduor, Mogaka acknowledged that CCTV footage showed him and another man confronting Ngaira during the scuffle.
"As per the CCTV footage, it's two people seen beating the deceased and that is me and the other man who is armed," he told the court.
He maintained he had exercised restraint before the confrontation intensified.
"I used my left hand to fight back, but I missed hitting him, and my hand landed on his T-shirt on the lower part of his body," he testified.
Mogaka also disputed claims that an object seen in his hand in the CCTV footage was a broken bottle.
"I remember I was not holding anything, but if I had anything then it was my phone," he said.
At one stage of the proceedings, Mogaka objected to being referred to as "counsel", saying he was appearing before the court as an accused person and not in his professional capacity.
"Just refer to me by my name and not by my profession," he said.
Justice Wananda had earlier ruled that Mogaka had a case to answer, stressing that the decision did not amount to a finding of guilt but that the prosecution had presented sufficient evidence requiring the accused to respond.
"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.
According to the prosecution, Mogaka stabbed Ngaira in the neck with a broken beer bottle during a party at an apartment in the Annex area of Eldoret. Ngaira later died while being rushed to hospital.
Witnesses told the court the confrontation began with a dispute over a bottle of beer during a party hosted by another lawyer at an apartment along the Eldoret–Nakuru highway.
CCTV footage formed a key part of the prosecution's case. Investigating officer Sofia Hassan, of the Directorate of Criminal Investigations, presented 13 clips from four cameras showing events before and during the fatal confrontation.
Hassan told the court the disagreement over the beer escalated into a fight that spilt outside the apartment, where the fatal stabbing allegedly occurred.
"It's the exchange over the beer that led to a fight that turned ugly, extending outside the house where the stabbing occurred," she testified.
Mogaka challenged the CCTV evidence, claiming the footage presented in court had been selectively 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.
He maintained that Ngaira was the aggressor and claimed the deceased attacked him first with a bottle, leaving him with injuries to his head and hands.
"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," Mogaka said.
He further claimed several people assaulted Ngaira while trying to separate the two men.
"I did not have any weapon in my hands, which I could have used to attack the deceased," he said.
Mogaka also testified he had never met Ngaira before the party and the disagreement began after the deceased allegedly grabbed a beer that had been handed to him by the host after he had contributed money towards the drinks.
Among the exhibits produced in court were a blood-stained black-and-white T-shirt belonging to the deceased and broken pieces of glass recovered from the scene.
Mogaka has denied the murder charge and remains out on bond pending judgment.
Accused lawyer Abel Mogaka when he appeared at the High Court in Eldoret
