A former bodyguard of businessman Chris Obure has been slapped with a one-year in jail term for illegally being in possession of a firearm that was used in a shooting incident where city car dealer Kelvin Omwenga was killed.
Milimani Senior Principal Magistrate Bernard Ochoi slapped Obure’s bodyguard, Robert Bodo Ouko, with the twelve months prison term with no option of a fine.
Ochoi found Ouko guilty of two charges of being in possession of firearm and ammunition which was used to commit murder without a firearm certificate.
After convicting him the accused the prosecution led by a state counsel James Gachoka asked the magistrate to treat him as a first offender.
In his mitigation Ouko pleaded for mercy saying he is a family man and the sole bread winner.
He regretted the incident.
“I note the accused person is a first offender and very remorseful. I therefore sentence him to twelve months in count one and two. The sentence will run concurrently, ” Magistrate Ochoi ruled while passing sentence.
In his judgement, Ochoi said the prosecution proved beyond reasonable doubt the case filed against the unlicensed body guard.
Ochoi ruled that the prosecution successfully pinned Obure’s bodyguard Ouko to the crime scene at Senteu Plaza where the firearm in question was used to murder Kevin Omwenga on August 21,2020.
The prosecution called eight witnesses in the case to prove their case against the accused.
“After evaluating the evidence and facts in this case, l find that the prosecution has established a prima facie case against Ouko. I therefore convict him on all counts,” said Ochoi.
While convicting him, Ochoi noted the evidence adduced in court shows that on August 20 at Senteu Plaza, Ouko went to the office of his boss Obure and opened up the drawer where he took safe keys where the gun was preserved.
“Ouko who was not a firearm holder picked the pistol from the safe and walked out with it,” the magistrate stated.
The magistrate said that according to the witnesses who testified in the case, they confirmed to the court that they had seen Ouko with the gun on August 20.
According to the evidence on record, Ouko had spent the entire day with the said gun belonging to his boss until 6 am the following day after the shooting.
In his defence, Ouko admitted to court that he was in possession of his boss’ firearm and had no certificate from the arms bureau.
Ochoi however declined to deal with the issue as to who exactly killed Omwega since the murder case being dealt with at the High court where Ouko and Obure are both facing murder charges.
The deceased was reportedly shot in a Kilimani apartment.
Ouko who was dressed in a green T-Shirt and a pair jeans trouser arrived at the Milimani law courts around 9am but the sentence was delivered after 4.30pm.
Ochoi informed Ouko that he had a right to appeal against the sentence within 14 days.
