The High Court in Eldoret has ruled that lawyer Abel Mogaka has a case to answer over the death of fellow lawyer Calvin Ngaira, who died after being stabbed during a house party six years ago.
The ruling paves the way for the case to move to the defence hearing scheduled for December 16. Mogaka is accused of stabbing Ngaira on the neck with a broken beer bottle during a gathering at the Annex area in Eldoret in February 2019.
Ngaira was rushed to Mediheal Hospital, located about four kilometres from the scene, but succumbed to his injuries on the way. He was the only son of retired school principal Hesbon Ngaira.
While delivering the ruling, Justice Robert Wananda clarified that the court’s finding did not amount to a declaration of guilt but was based on evidence linking the accused to the events that led to Ngaira’s death.
“I find that there is some evidence in his connection with the manner in which the death occurred and he therefore has a case to answer,” he said.
The judge directed Mogaka to prepare his defence. The case, which has dragged on for six years, has seen more than 10 witnesses testify. They recounted how a disagreement over a bottle of beer escalated into a physical confrontation. Both men had attended a party hosted by a colleague at an apartment along the Eldoret–Nakuru highway.
According to testimony, Ngaira questioned Mogaka about allowing his cousin to serve beer that had been set aside for lawyers, sparking a heated exchange.
Investigating officer Sofia Hassan from the Directorate of Criminal Investigations presented CCTV footage in court, which captured the confrontation.
She said the two were involved in a fight during the celebration, which spilled outside the house. “It’s the exchange over the beer that led to a fight that turned ugly, extending outside the house where the stabbing occurred,” Hassan told the court.
The footage, comprising 13 clips from four cameras, was presented as part of the evidence. The court heard that Mogaka, holding a glass of beer in his right hand, stormed out of the apartment as Ngaira tried to kick him, moments before the fatal stabbing took place outside.
The prosecution also presented a bloodstained black and white t-shirt belonging to the deceased and pieces of broken glass as exhibits.
Among those who testified was senior crime investigator Inspector Daniel Kieni from the DCI headquarters in Nairobi and former Moi University student Edith Chebet, who witnessed the incident.
“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,” Chebet said.
Mogaka has denied the charge and has been out on bond during the trial.
He followed the court proceedings virtually when the ruling was delivered. Victim’s family lawyer Peter Wasilwa said the family was encouraged by the progress of the case despite the delays. “We will continue to be patient as we wait for the case to conclude,” he said.