Former Eldoret Lawyer’s Defence Delayed After Counsel Fails to Appear in Court
Mogaka is facing a murder charge in connection with the death of Ngaira, who was killed on May 10, 2019,
Abel Mogaka, the accused in the murder case of lawyer Calvine Ngaira, appears before High Court Judge Robert Wananda during the hearing at the Eldoret High Court. Photo | Kemuma Achieng
A former Eldoret-based advocate charged with the brutal murder of his colleague seven years ago has been barred from proceeding with his defence after his lawyer failed to turn up in court, forcing an adjournment of the case.
Abel Mogaka, who is accused of killing fellow lawyer Calvine Ngaira during a house party in Eldoret, will now have to wait until next year to present his defence after the High Court declined to proceed in the absence of his counsel.
Presiding Judge Robert Wananda adjourned the matter to March 5, 2026, after Mogaka’s lawyer, Evans Miyienda, failed to appear for the scheduled defence hearing.
“This court had agreed on this date by consent, and it is unacceptable for counsel to fail to attend without sufficient cause,” Justice Wananda ruled. “My diary is full until April next year, and the earliest date I can give you is March 5, 2026. Make sure you avail yourself in court without failure to enable the court to expedite this matter.”
The adjournment followed an application by Miyienda, who informed the court that he was unable to attend the hearing as he was attending to an ailing relative admitted to a hospital in Nairobi. However, the court was told that the patient’s condition was not an emergency.
In his application, Miyienda pleaded for leniency, saying his absence was due to “unavoidable circumstances” and assured the court that he would personally attend the next hearing date.
While granting the request, Justice Wananda expressed displeasure at the conduct of the defence counsel, noting that he had agreed to the hearing date only to give short notice of his unavailability.
State Counsel Brenda Oduor told the court that Miyienda had contacted her on Monday, seeking intervention to have the defence hearing postponed. “He informed me that he was attending to a sick relative at a hospital in Nairobi and would not make it to court,” Oduor said.
Mogaka is facing a murder charge in connection with the death of Ngaira, who was killed on May 10, 2019, during a three-day house party at an apartment in the Annex area along the Eldoret–Nakuru highway.
Court records indicate that Ngaira, who had been in legal practice for barely three months, died after allegedly being stabbed in the neck with a broken beer bottle during an altercation with Mogaka.
The prosecution told the court that the incident occurred during a party attended by about 10 lawyers who were hosted by their friend, Roy Barasa, at his Siritui apartment. According to court documents, a dispute over a bottle of beer escalated into a violent confrontation inside the house, before spilling outside where Ngaira was fatally wounded.
The apartment where the incident occurred is owned by Edwin Tarno, the head of the Kenya Technical Training Institute and a former chief principal of the Rift Valley Technical Training Institute.
Mogaka, who has since relocated to Nairobi, has denied the charge. He is currently out on a Sh1 million bond as the case continues before the High Court.
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