- Judge ordered that the pre-bail report should be ready in seven days before the matter is mentioned next week on Jan 17 for further direction.
- The application was strongly opposed by the prosecution led by Independent Policing Oversight Authority (Ipoa) Investigating Officer.
Image: LOISE MACHARIA
The High Court in Nakuru has ordered a pre-bail report for the police officer who fatally shot two people and injured two following a disagreement over Sh16,000 bill at a club in the city.
Justice Samuel Muhochi directed the probation department to interview the victims’ families and witnesses in the murder case to test the suitability of releasing Constable Nicholas Musau on bail and bond.
He ordered that the pre-bail report should be ready in seven days before the matter is mentioned next week on Jan 17 for further direction.
Musau was charged with the murder two counts of murder, on December 11, 2023, at a club in Nakuru, he shot and killed a waitress, Ann Maina and the club owner, Laura Kaswira.
The officer who has been in custody since December 12, last year denied committing the offences and his lawyer, David Mong’eri applied for his release on bail and bond.
The application was strongly opposed by the prosecution led by Independent Policing Oversight Authority (Ipoa) Investigating Officer, Judith Kawira who said that the authority had not concluded the investigation regarding grievous harm.
“When the murder incident took place, two people survived with gunshot wounds and are still admitted at the Rift Valley Regional Hospital and the suspect is likely to interfere with them if released on bond because he is a police officer,” she said.
In an affidavit, Kawira said Ipoa had not recorded the survivors’ statements because they were still recuperating in hospital.
She stated that the suspect was attacked by members of the public immediately after the shooting incident adding that holding him in police custody was in the interest of his (the suspect’s) personal security.
“The accused person is a flight risk who might desert and abscond duty owing to the gravity of the offence,” she said.
The prosecution further claimed that Musau had a history of viciousness and being wild and might interfere with witnesses.
Justice Muhochi dismissed all the grounds given by the prosecution for denial of bail saying that they were not compelling.
“There is no evidence to prove that the suspect is violent, a flight risk or might tamper with the witnesses,” he said.
However, he said there was a need for a pre-trial report from the probation department to ascertain Musau’s suitability for bail or bond.
He ordered that the suspect be held at Naivasha Police Station pending submission of the pre-bail report.