Missing the target

By Wahome Thuku

At a certain village in Borabu District, Nyanza Province lived a businessman called Bosire.

His family lived in the same compound with his mother and brothers but in different houses.

One day in May last year, at around 7.30pm, Bosire was walking out of his mother’s house carrying a plate of food when he saw two men standing outside. As he would claim later, he identified one of the men as Ondari whom he had known for several years. Ondari and Bosire’s wife came from the same village about 20 kilometres away.

Bosire greeted the men who then introduced themselves as his visitors. He entered his house, lit the lamp and then asked the visitors to get in. Ondari entered but the other man remained outside.

There was no one else in the house. Bosire and Ondari began to chat. After a while, Ondari asked if Bosire was a smoker and whether he could give him a cigarette.

Bosire stood up to fetch a lighter from his bedroom. Suddenly, hell broke loose. The man who sat innocently on the chair pulled out a knife and stabbed Bosire twice on the chin and forehead.

Bosire punched him on the face sending him sprawling on a coffee table. Before he could get him again, the man standing outside entered holding a panga.

Friendly attack

Bosire was taken aback. Ondari stood up and stabbed him again on the face.

The other man attempted to slash Bosire, but he missed the target and injured Ondari on the head.

Bosire took advantage of the mishap and ran out screaming. As neighbours responded, Ondari and his colleague escaped. They met Bosire’s brother Osoro on the way heading towards the house but he did not identify them.

Bosire collapsed outside the house and was rushed to hospital by his two brothers. He regained consciousness and was discharged the following day. The incident was reported to police but it is not clear whether or not Bosire named Ondari as one of his attackers. Six days later, Ondari was arrested. Indeed he had a scar on the head.

No evidence

He was charged before a magistrate’s court with attempting to rob Bosire of unspecified amount of money while armed with a knife and a panga and injuring him in the process. Attempted robbery with violence attracts death sentence just like violent robbery. Ondari denied any knowledge of the attempted robbery with violence. He said he had sustained the injury on his forehead during a drinking spree some five days before the alleged robbery.

Ondari was not medically examined and no evidence was produced to show how and when he might have sustained the injuries. Bosire told the court that the attackers did not demand or steal anything from his house. But he confirmed that Ondari was injured on the head by his colleague.

Police officers who arrested Ondari were not called to testify. After the trial the magistrate delivered a verdict. What would be your verdict?

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