A police officer who allegedly shot and fatally injured two people at a famous club in Nakuru City has not been charged, close to a month after his arrest.
Nichola Musau was arrested on December 12, 2023, and presented to court two days later on a miscellaneous application.
The prosecution has been asking for an extension of custodial orders to allow time to conclude investigations.
On Tuesday, he was presented before court for a third time and the prosecution led by Wycliffe Omwenga sought a further 14-day extension of his detention at Naivasha Police Station because the matter was being handled by a different agency.
Police Constable Musau who was attached to Nakuru Central Police Station is suspected of killing the owner of NaxVegas club, Laura Kwisira and a bar maid, Ann Maina over a Sh16,000 bill.
He is said to have allegedly also shot two bouncers at the club one of whom is still admitted in hospital.
He explained that the Independent Policing Oversight Authority (IPOA) took over the matter from the Directorate of Criminal Investigations on December 22 last year and realised that there were gaps in the police file.
Omwenga said among the missing information in the police file cited by IPOA was a ballistic analysis report for four firearms from the forensic department at the DCI headquarters in Nairobi.
He asked the magistrate to extend the detention because of the gravity of the matter since the officer is suspected of killing two people and a third person was still admitted at the Rift Valley Provincial General Hospital in critical condition.
“The suspect is a police officer and is therefore likely to interfere with investigations and witnesses in the case if he is released on bail,” said Omwenga.
The application was opposed by defence lawyer, David Mong’eri who dismissed the prayers as unconstitutional.
“The prosecution has been abusing the rights of a suspect having detained him for 26 days without charge and they cannot use this court to continue the oppression,” he said.
He added that his client was ready to take a plea on December 22, 2023, when the matter came up for mention only to be told that the case was being handled by IPOA.
The matter will be heard Wednesday at noon for a ruling.
