BY SAM ALFAN.
The owner of once a popular night club has been jailed for five years for the murder of a customer who was shot dead five years ago .
Jackson Maina Wangui of Klique Club along Baricho Road in Nairobi was found guilty of manslaughter.
High court criminal division handed Miana the prison term after the prosecution failed to prove the charge of murder for killing Kelvin Oduor Onyango on the night of May 8 2012.
Jackson was accused on the night of 7 and 8 May ,2012 at Klique club along Baricho road industrial area murdered Kelvin Oduor Onyango.
His defence had alleged that he accidentally fired at a reveler Stephen Onyango on the night of May 8 2012.
Evidence produced in court revealed that the deceased was among the people who had been fighting in the club shortly before the fatal incident.
The deceased was accused of stealing a mobile phone and was rescued from the other customers who were bailing for his blood and was taken to another room on fourth floor of the building.
It is there that Maina alleged that the deceased tried to snatch his gun from him and a struggle ensued.
Maina said he accidentally shot him when he got him by the waist and tried to take away his gun; it went off.
The court however acquitted his co- accused person, Julius Sepi, a bouncer at the club for lack of evidence over his participation in the murder.
“I find that the second accused person was not involved having left Maina and Onyango at the rooftop,” the judge declared.
While handing the verdict Justice Mutuku said that evidence adduced in court indicated sufficiently proved that he frog marched the deceased to the rooftop of the building.
“The court doubts that the accused took the patron upstairs to kill him but is convinced that he shot him at pointblank range,” justice Mutuku noted.
Maina had done so inorder to rescue him from a hostile mob which had accused him of stealing a mobile phone.
“Justice cannot, however, be served in law unless a culprit is handed a commensurate punishment against the offence he is accused of committing,” justice Mutuku ruled.
In mitigation Maina had said he is remorseful for shooting Mr Oduor.
“Mr Maina walked around with a corked gun for his own safety and not to threaten anyone,” said lawyer Pravin Bowry
But the court found he had no motive to kill the deceased hence making the charge of murder untenable.
Through lawyer Pravin Bowry, the businessman pleaded for leniency saying he was remorseful because he had no intention to shoot the deceased.
Justice Mutuku heard that Maina , is a father of two and the wife is expecting a baby in September this year and he is the sole breadwinner.
Lawyer Bowry while mitigating for Mr Maina on Monday, he said his client will surrender the gun and he will no longer use the gun in his entire life.
Maina is a licensed firearm holder
