A suspect identified as Tom Oywa Mboya has been found guilty of attempting to kill Ranalo Foods restaurant owner William Osewe.
Mboya was accused of attempting to murder Osewe and another man identified as Wilfred Ombuya Tembula. He said to have committed the crime on December 1, 2016.
A Nairobi court heard that the convict shot Osewe several times and left him in a life-threatening condition.
In her judgment, Milimani Law Courts chief magistrate Martha Mutuku argued that the prosecution had presented overwhelming evidence to convict Mboya.
“It is not disputed that Mboya shot Osewe. He did so not once but four times,” the magistrate.
In her judgment, Mutuku said that Mboya shot Osewe multiple times after threatening to shot him following an argument.
A witness, a security guard, who heard the convict shout at the complainant told the court that he saw Mboya raise his gun and shoot Osewe several times.
A doctor from Aga Khan Hospital also told the court that Osewe was admitted to their facility while having a bullet lodged in his body. The doctor further told the court that Osewe also developed other problems as the bullets affected his spine.
The magistrate further noted that the submission by the defense, saying spent cartridges were found where Osewe was laying, did not weaken the prosecution’s case as the convict was a legal firearm holder.
“The accused person, being a trained user of firearms, ought to have contemplated the act of shooting in public could have caused injury to the public,” the magistrate said as reported by Nation.
The accused was also convicted of causing injury to a security guard who was at the scene of the incident.
