• Tom Mboya admitted to shooting the restaurant owner in self-defence.
• He told chief magistrate Martha Mutuku that he aimed his gun at Osewe’s hands because he wanted to disarm him.
The city businessman who shot at Ranalo Foods restaurant owner in 2016 has told a court William Osewe had threatened to chop off his manhood and kill him if he didn’t stop sleeping with his wife.
Tom Mboya admitted to shooting the restauranter in self-defence. He told chief magistrate Martha 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 or K'osewe Foods 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 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.
When asked if he knew he had killed Osewe, Mboya said he was sure he had not killed him as he had shot at his hand and was not aware the bullet went to his chest. He denied claims that Osewe was shot in the legs.
Mboya said outside the courts, Osewe walks without crutches, dances and drives fast. After the incident, Mboya said he went to Kasarani police station and explained to the OCPD what had happened. He was disarmed and locked in the cells.
Mboya also admitted to having reported a case in 2014 where Osewe had accused him of sleeping with his woman.
“I told him I didn't know his wife and I cannot date her because am 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.
He added that another incident happened in January 2015. He said he was going to pick an admission letter for his son when Osewe approached him at a filling station.
“I was filling my car when someone came knocking at my car. He moved to the door on my side and warned me that he would kill me if I didn't stop moving with his wife,” he said.
Mboya was advised to report again. He recorded a statement in Nyakach. He showed the statement in court. But the court noted that the statement is not dated, stamped and not signed.
Mboya's wife also recorded a statement dated January 30, 2015.
In September, the court found he had a case to answer. The case will come up on November 21 for cross-examination.