- Mr Tom Mboya is on trial for the attempted murder of Mr Osewe and Mr Wilfred Tembula, a security guard.
- Mr Mboya claimed in court that Mr Osewe threatened to kill him in January 2015 at a petrol station where he was fuelling his car.
- He said that on December 1, 2016, he shot his friend in self-defence after he drew his weapon, causing him to feel unsafe.
The man who shot city restauranteur William Osewe, owner of the popular K’Osewe Ranalo Foods on Nairobi’s Kimathi Street, on Thursday told a court that he did so in self-defence.
Mr Tom Oywa Mboya is on trial for the attempted murder of Mr Osewe and Mr Wilfred Tembula, a security guard.
Mr Mboya claimed in court that Mr Osewe threatened to kill him in January 2015 at a petrol station where he was fuelling his car.
He claimed he reported the incident at Nyakach Police Station and that his friend made good his threat on December 1, 2016 after they had lunch at Hagon Hotel off Thika Road.
The accused narrated the events of the fateful day before Chief Magistrate Martha Mutuku.
“I saw Mr Osewe draw his pistol and cock it twice so I felt unsafe and decided to draw mine. I was faster than him,” he said.
Mr Mboya said people surrounded them wanting to know why they were fighting.
He claimed that while Mr Osewe was first to take his gun out, he quickly drew his, aimed at his hands and shot him.
He said he knew that a gun that is cocked twice does not shoot.
“I drew my gun, cocked once and aimed at his hands. My intention was to disarm him. I aimed at the right hand, I shot once in his hand and twice in the air,” he said.
"He fell down while still holding his gun. I shot in the air to scare him more and alert the public. I was doing my duty as required when trying to defend and disarm someone.”
Mr Mboya further said he was not aware that another person, Mr Tembula, was also shot in the process.
He also claimed that he did not shoot him and never at any time aimed at him with his gun.
The accused told court that he reported the incident which occurred at Nairobi’s Garden Estate at Kasarani Police Station and that the officers there took his weapon.
He said he then ran way for his own safety.
Mr Osewe was shot three times in the rib cage and once in the arm.
While he was rushed to hospital to fight for his life, the accused was arrested and detained for five days by investigating officers.
Mr Mboya, who is a licensed firearm holder was charged on December 9, 2016, with two counts of the offense of attempted murder.
He pleaded not guilty and was set free on a cash bail of Sh300, 000.
The trial resumes on November 21.