Foul-mouthed trader who shot Ranalo Foods owner over wife dispute detained

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.

“The complainant, in this case, had previously said that I had slept with his wife and he was going to cut my manhood if I don’t stop. He cocked his gun twice but could not shoot and my aim was to shoot his hands,” Mboya told the court.

Mboya who was giving his defence testimony said that Osewe had threatened him even before the incident happened in 2016.

Osewe, the owner of the popular Ranalo/K'osewe Foods restaurant along Kimathi Street, Nairobi, was shot on December 1, 2016. 

Mboya is accused of trying to kill Osewe and another man, Wilfred Ombunya Tembula. He pleaded not guilty to a charge of attempted murder in 2017 and is out on Sh300,000 bail.

In December 2016, Mboya testified that he was in Garden Estate when Osewe came shouting that he was going to kill him.

“He is a loud person and he attracted the public. I tried to walk away from him. We moved to an area near a river as he followed me. I saw Osewe draw his gun, a pistol and cock it twice, so I felt unsafe and decided to draw mine,” he said. 

There were people around them who wanted to know why they were fighting. 

“If you cock a gun twice and try to trigger it does not shoot, it jams, that's what I was taught by the GSU,” he told the court.

Mboya said he shot once at Osewe's hand and shot again twice in the air.

Osewe fell down but was still holding the gun. Mboya then shot in the air again to scare him more and alert the public.

“I was doing my duty as required when trying to defend yourself or disarm someone,” he said. 

Mboya said that he was not aware he had shot another person. And the person was not known to him. The court heard that a watchman was also shot by Mboya. But he said it would not have been possible as the watchman was up and he was down the river.

“I didn't aim at him since I didn't know about him,” he said.

Mboya also admitted to having reported a case in 2014 where Osewe had accused him of sleeping with his wife.

“I told him I didn't know his wife and I cannot date her because I'm a married man. I even told my boss about the threats Osewe made to me,” the court heard.

He also reported the matter to DCI and recorded a statement. 

When his lawyer asked if any step was taken by the police after the matter was reported, Mboya said Osewe’s gun was confiscated. He said his friend advised him to withdraw the case because he and Osewe were friends.

“I withdrew the case in writing in February 2014,” he said.

The hearing continues on Tuesday, when Mboya will be released from custody.