Tom Oywa Mboya, the man who shot the owner of the popular K’Osewe (Ranalo Foods) restaurant, was found in contempt of court after he insulted his victim during his defense hearing.
The accused was on Monday, January 18, put on his defense after the court found he had a case to answer on an attempted murder charge.
Tom Oywa Mboya, however, found himself in trouble with Nairobi Chief Magistrate Martha Mutuku after using vulgar language during his cross-examination by prosecutor Anderson Gikunda.
The prosecutor had asked Mboya why he continued shooting at the restaurateur William Osewe who was already disarmed after the accused shot him in the hand during their bust-up over a woman on December 1, 2016.
But the ill-tempered Mboya told the court that he continued firing at his love rival because he was behaving like an animal.
This prompted the magistrate to jail Mboya for a day for contempt.
In an earlier defense, Mboya, who is alleged to have shot Osewe four times, told the court that he fired two shots in the air and another at Osewe’s right hand.
“I saw Mr Osewe draw his pistol and cock it twice so I felt unsafe and decided to draw mine. I was faster than him. I drew my gun, cocked once, and aimed at his hands. My intention was to disarm him. I aimed at the right hand, I shot once in his hand and twice in the air,” he said.
“He fell down while still holding his gun. I shot in the air to scare him more and alert the public. I was doing my duty as required when trying to defend and disarm someone.”
Mboya said that before the shooting, he was leaving Hagon Hotel off Thika Road when Osewe stormed out of his car screaming at him in Kiswahili: “Umelala na bibi yangu sana lakini leo nimekupata (You have slept with my wife a lot but today I’ve caught you].”
Osewe was shot three times in the rib cage and once in the arm.