The High Court in Eldoret has ruled that lawyer Abel Mogaka has a case to answer in the murder of his colleague, lawyer Calvin Ngaira six years ago.
Mogaka is accused of stabbing Ngaira with a broken beer bottle during a house party at Annex area, Eldoret in February 2019.
Ngaira bled to death as he was being rushed to a nearby hospital after he was stabbed on the neck. The deceased was the only son to retired school principal Hesbon Ngaira.
The case will now proceed to a defence hearing on December 16.
However, Justice Robert Wananda said the finding does not mean the accused is guilty but evidence adduced before the court indicated he had some connection with the circumstances in which the death occurred.
“I find that there is some evidence in his connection with the manner in which the death occurred and he therefor has a case to answer,” he said.
The judge directed the accused to prepare to defend himself.
During a trial that has taken six years, witnesses told the court that a dispute over a bottle of beer resulted into a fight during which Ngaira was stabbed.
A colleague had hosted them both for a party held at an apartment located along the Eldoret-Nakuru highway.
CCTV footage was among crucial evidence tabled before the court by investigating officer Sofia Hassan from the Directorate of Criminal Investigations. She told the court that the duo engaged in a fight during merrymaking, which later turned tragic.
Witnesses said the deceased had sought to know from the accused why he gave his cousin permission to serve their beer that was only meant for lawyers and that is when the altercation started.
The court heard that the accused, who was holding a glass of beer in his right hand, stormed out of the house party as the deceased attempted to kick him as captured in the CCTV footage played in court.
“Its the exchange over the beer that led to a fight that turned ugly extending outside the house where the stabbing occurred,” the DCI officer said.
Ngaira died while undergoing treatment at Mediheal Hospital in Eldoret, which is, located about four kilometres from the scene.
Prosecution presented a blood-stained black and white t-shirt belonging to the deceased and broken pieces of glass as exhibits against the accused person in the murder trial.
More than 10 key witnesses gave their evidence against the accused, among them, senior crime investigator inspector Daniel Kieni from the DCI Nairobi headquarters and former Moi University student Edith Chebet.
Justice Robert Wananda delivering his verdict in Eldoret on October 3, 2025.
Chebet told the court that she witnessed the incident as she was among those at the party. She said the fight between the two started in the house.
"It all started inside the house due to an argument over the bottle of beer leading to a scuffle which extended outside for some time,” she said
Thirteen clips from four CCTV cameras displayed in court showed how the accused person fatally stabbed the deceased lawyer in the neck.
Mogoka, who is represented by lawyer Evans Miyienda, has denied the murder charge and has been out on bond as the hearing continues.
He appeared in court virtually as the judge read his decision.
Victim’s family lawyer Peter Wasilwa said although the case had taken long they were satisfied with the process.
“We
will continue to be patient as we wait for the case to conclude,” he said.
