A city businessman who shot at Ranalo Foods restaurant owner William Osewe in 2016 was on Monday remanded by a Naiorbi court for one day after he referred to Osewe as an animal.
Milimani Chief Magistrate Martha Mutuku remanded the accused Tom Oywa Mboya for using vulgar language which demeaned the court.
Mboya used the vulgar language while being cross examined by state prosecutor Anderson Gikunda while defending himself in the case.
The court had severally warned the accused to refrain from using such language but he did not listen.
“Mboya has used bad language that has violated the dignity of this court despite warning him severally. I cannot allow a person to refer to another human being as an animal. I remand you until tomorrow morning so that you can rethink about the language to be used in court and also your conduct as we proceed with this case,” the magistrate said.
When asked why he continued shooting Osewe who was already disarmed, he said that the Osewe was behaving like an animal. This prompted the court to intervene following the remarks of the accused who has since been found with a case to answer.
In his earlier defence, Mboya confirmed to the court that he fired two shots in the air and another at Osewe’s right hand which was holding his firearm to scare him.
He has further confirmed that after shooting him he did not help him but rather rushed to Kasarani police station to report the incident.
Mboya said that before the shooting as he was leaving Hagon hotel off Thika Road for lunch, he saw Osewe storm out of his car got shouting, “Uumelala na bibi yangu sana lakini leo nimekupata (You have slept with my wife many times, but I’ve caught you this time).”
At the same time the court advised his lawyer to caution his client to stop using bad language when in court and should always respect the court.
Another incident where the court witnessed disrespect was when Mboya picked a sweet from his pocket and started chewing without seeking the court’s permission.
In September 2019 when Mboya was put on his defence, he told a court that Osewe had threatened to chop off his manhood and kill him if he didn’t stop sleeping with his wife.
Mboya had admitted to shooting Osewe in self-defence. He told Mutuku that he aimed his gun at Osewe’s hands because he wanted to disarm him.