In June this year, a man accused of shooting Nairobi hotelier William Osewe pleaded to be acquitted after he was prosecuted for attempting to kill the businessman.
In his argument, the accused, Tom Mboya said he was acting in self defense after the victim accosted him several times with allegation that he was having an affair with his wife.
The senior Counsel Tom Ojienda argued citing several cases where Mboya was threatened with possibility of elimination.
On Thursday, the accused requested the court to be given more time to obtain evidence before a verdict is made.
Tom Mboya was supposed to be sentenced on Thursday but the lawyer made the surprising application. The defense team argued that allowing the suspect more time to adduce evidence would shed more light on the case and offer a fair judgement to both parties.
The defense team however declined saying the accused wants to buy time after knowing things were not going well for him.
In his defense, Mboya said his actions were only self defense since Osewe is always armed. However, the defense team led by Anderson Gikunda urged the court to find him guilty and sentence him, arguing that it is by chance Osewe is alive.
Tom Mboya said that Osewe has huge influence and he was afraid when he was followed by the complainant and cocked his hand twice but did not shoot.
He further stated that he shot the complainant’s hand to disarm him. “He once told me he would chop off my manhood if I don’t stop sleeping with his wife,” said Mboya.
The ruling on whether to allow his plea will be made on September 27th.
