On the night of May 8, 2012, one Kelvin Oduor Onyango entered Club Click along Baricho Road. He was there like any other reveler but we all know there are different types of people in a club, and Oduor might have been this type or that. At one point during that night, Oduor was accused of stealing a mobile phone. A hostile mob wanted to finish him and, according to the defense, the owner of the club Jackson Maina Wangui  and the club’s bouncer Julius Sepi led him to the rooftop for safety from the mob.

However, on the rooftop Maina is alleged to have shot Oduor at close range. Sepi had already left them. Consequently, Maina and Sepi were arrested and accused of murder. Mr. Maina’s lawyer Pravin Bowry argued that the accused used to walk around with a corked gun, not to threaten anyone but for his own safety. He said that Maina had not intended to shoot at Oduor but had done so when the latter charged at him.

According to trial judge Martha Mutuku, the prosecution failed to give enough evidence to support the murder charges. “The court doubts that the accused took the patron upstairs to kill him but is convinced that he shot him at pointblank range,” she said. As a result, the murder charges were reduced to manslaughter. “Justice can not however be served in law unless the culprit is handed a commensurate punishment against the offence he is accused of committing,” she added.

Mr. Sepi, the co-accused, was let go scot free as he was found not to have played any part in the murder since he had left the two on the rooftop, while Maina was handed a five-year imprisonment term.

Do you think justice was served?