Court told lawyer used beer bottle to kill fellow advocate

The High Court in Eldoret has been told how an Eldoret-based lawyer used a glass of a beer bottle to stab his colleague in the neck, leading to his death during a house party in the outskirts of the town seven years ago.

Edith Chebet, who was the first witness in the case, was recalled to shed more light on the case after CCTV footage showed her taking photos of what appeared to be pieces of the murder weapon at the murder scene.

Chebet took to the stand once again before Justice Robert Wananda, testifying against lawyer Abel Mogaka, who is accused of killing his colleague, Calvin Musachi Ngaira,

The former Moi University student narrated that she witnessed the tragic incident.

She recounted how the accused aimed the glass bottle that he was carrying in his right hand at Ngaira’s neck, leaving him bleeding profusely and resulting in his tragic death.

She said that a confrontation that resulted in a fight had ensued between Mogaka and Ngaira at the house where they were holding a party in the company of 10 other friends.

She added that the fight extended outside the house that was located in an apartment in the Annex area along the Eldoret Nakuru highway.

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"The fight between the accused and the deceased started right inside the house following an altercation and extended outside the house. I remember very well that Mogaka was the one who started the commotion," stated Chebet as she fought back tears.

The court heard that after stabbing the victim in the neck, the prime suspect dropped the broken glass on the ground.

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

In the case that faced delays due to missing footage at the DCI labs at the Nairobi headquarters leading to several adjournments, summons and arrest warrants against police officers, Mogaka is charged with the murder of Calvin Ngaira at Annex estate on May 18, 2019.

Mogaka denied the offence and was freed on a Sh1 million bond as the hearing of the case continues.

So far, more than 10 key prosecution witnesses, among them a Senior Crime Investigator, Inspector Daniel Kieni from the DCI Nairobi headquarters, have given their testimonies.

In his evidence one month ago, Kieni displayed 13 clips from four CCTV cameras showing how the deceased lawyer was fatally stabbed on his neck by the accused person.

The clips were played one after the other, showing the deceased entering the Sirtui apartments where the party was to be held and how an altercation arose, leading to the incident that claimed Ngaira’s life.

 “The deceased is seen throwing kicks at the accused, who tries to evade by moving back. None of the kicks land on him. The host and other friends then run to intervene, and the deceased retreats, heading back to the house. However, the accused, who was holding an object -believed to be a glass in his right hand- pursued the deceased and stabbed him on the left side of the neck. The time is 17:08:29 hours,” Inspector Kieni explained as the footage was played in slow motion.

Ngaira, who had practiced for barely three months after joining the bar, succumbed to his injuries while under treatment at Mediheal hospital in Eldoret town days after the incident.

He was the only son of outgoing Hill School Primary School principal Hesbon Ngaira.

Justice Wananda adjourned the hearing of the case to June 11, when the Investigating officer, Sergeant Sophia Hassan, is expected to take the stand before the prosecution closes their case.