Foul language lands businessman a day in jail for contempt
Tom Oywa Mboya, the man who shot the owner of popular K’Osewe Ranalo Foods- four times, in a suspected love triangle, was yesterday jailed for a day for using offensive language in court.
Milimani Chief Magistrate Martha Mutuku ordered Mboya to be remanded at Industrial Area Remand Prison until today morning after he referred to the complainant William Osewe as an “animal,”- words which were interpreted to demean the court.
“You have used bad language that has violated the dignity of this court despite warning you many times.
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 your language and conduct to be used in court as we proceed with this case,” ruled Mutuku.
Mboya used the offensive language while being cross-examined by State prosecutor Anderson Gikunda on the shooting incident, which took place on December 1, 2016.
Mboya pleaded with the court not to send him to prison claiming that he was disoriented after receiving news that his mother had passed on which had caused him a lot of stress. The magistrate could however hear none of it.
When asked why he continued shooting the complainant who was already disarmed and sprawled on the ground, Mboya retorted that he did so because the complainant was behaving like an animal, a phrase which was deemed to be offensive.
Mboya had earlier on drawn the ire of the magistrate after chewing gum in the courtroom.
The court advised his lawyer to caution him to stop using bad language when in court.
Mboya had in September 2019 told the court that Osewe had threatened to chop off his manhood and kill him if he did not stop sleeping with his wife.
In his earlier defence, Mboya narrated the events of the fateful day, disputing the State’s argument that he shot Osewe four times while the latter was lying down.
He however 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 disarm him.
Yesterday, Mboya admitted to shooting Osewe in self-defence. Mboya, a licensed firearm holder, also claimed in court that Osewe had threatened to kill him on two occasions.
The first incident, he said, occurred in January 2015 at a petrol station where he was fueling his car.
He claimed he reported the incident at Nyakach Police Station and that Osewe made good his threat on December 1, 2016, after they had lunch at Hagon Hotel off Thika Road.
“I saw Osewe draw his pistol and cock it twice so I felt unsafe and decided to draw mine. I was faster than him,” said Mboya.
He further claimed that while Osewe was the first to draw his gun, he quickly drew his, aimed at his right hand and shot him.
Mboya who is out on Sh300,000 cash bail has been put on his defense for attempting to kill Osewe. The trial resumes today.