Man who s**t Ra**lo Foods owner jailed for 23 years
Businessman Tom Oywa Mboya, who shot Ranalo Foods Restaurant owner William Osewe in 2016, has been sentenced to 23 years in jail.
Milimani Chief Magistrate Martha Mutuku handed Mboya 20 years for shooting Osewe and another three years for wounding security guard Wilfred Ombunya Tembula.
The magistrate, however, ruled that the sentence would run concurrently which means Mboya will serve 20 years.
Mboya, who is a tour operator, was handed the sentence yesterday in a virtual court session after the court considered the probation report.
The accused failed to attend the physical court session after he reportedly fell sick while at the Industrial Area Remand Prison.
“After considering the probation report tabled before me and since Mboya is not remorseful of his actions, it is my considered view that a befitting sentence in this case is appropriate,” the magistrate said.
The court also considered the impact of the offence on Osewe’s life. Lawyer William Ongoro, who represented Osewe, urged the court to pass a harsh sentence against Mboya.
“I sentence the accused to 20 years in jail for attempted murder charge and three years for wounding a security guard,” Mutuku ruled.
Wife quarrel
Last week, the court found Mboya guilty of the offences, saying the prosecution had proved its case beyond doubt.
He was convicted for attempted murder and wounding.
The two got into an altercation after Osewe accused Mboya of sleeping with his wife. The quarrel led to the shooting.
While delivering the judgement, the magistrate noted that the offence of attempted murder is committed with an intention of killing the other person.
“I have considered the evidence before court and it is undisputed that Mboya shot Osewe,” she said.
The magistrate noted that Mboya fired at Osewe several times while shouting at him that he would shoot him.
The court also considered the evidence of a security guard who said he heard Mboya shouting and saw him raise his gun and shoot several times at the complainant.
“It is not in dispute that the accused shot at the complainant. He did so not once but four times,” the magistrate said.
The court said the doctor who testified in the case had said that Osewe had an object in his body and had even developed problems in his genitalia following the gunshot that affected his spinal cord.
Justice served
Prosecution counsel Anderson Gikunda asked the court to treat Mboya as a first offender and consider the nature of the case.
In his mitigation, Mboya through lawyer Benjamin Makokha, pleaded for a non-custodial sentence saying that failing to do so would be to condemn the people who have been depending on him.
“My client is a polygamous family man with several children who depend on him for survival,” Makokha told the court.
Upon the sentencing, Osewe who was at court premises, was overcome by emotion and wept. He later thanked the court for exercising its jurisdiction judiciously.
“I thank God that justice has been done and that is what I was seeking all these years we have been in court,” said Osewe.
