Lawyers of the two students arrested at 'fake' doctor Mugo wa Wairimu's clinic on Monday clashed with the DCI over an
application to have them remanded during trial.
Nairobi Flying Squad boss Benson Musyoka filed an affidavit to have Victor Kamunya, alias Doctor Victor, and Risper Ogony denied bail.
Musyoka said the two are a flight risk because they have no known place of residence and are likely to interfere with investigations and abscond court.
He also said the two should remain in custody for their own safety because the public is baying for their blood.
But the suspects' lawyers Bernard Ngiri and Edward Rombo opposed the application.
Ngiri said Musyoka's application is
fallacious because the probation report indicates where the students stay.
Ngiri, who is representing Kamunya, said his client is a student who was doing an internship. He asked the court to consider his personal and family economic status in setting bail and bond terms.
Rombo said the application is an ambush to the defence.
"The officer states that the two are likely to interfere with investigations and arrest of Mugo wa Wairimu. The same affidavit states that Mugo wa Wairimu has been arrested. Besides, how can an 18-year-old interfere with investigations?" Rombo asked.
Rombo said Musyoka failed to consider that Ogony is a university student.
She is a first-year student at Kiriri Women's University of Science and Technology in Githurai where she is pursuing a diploma course in procurement.
Kamunya studied clinical medicine at KMTC Siaya campus and completed in July. He is due to graduate next month.
They were arrested at the Milan International Medical Centre owned by the controversial doctor.
Kamunya was allegedly found attending to a patient
at the clinic.
The two are accused of operating a lab without a licence from Kenya Medical Laboratory Technicians and Technologists Board.
They were also charged with operating a pharmacy not registered with the Pharmacy and Poisons Board.
They denied the charges before senior principal magistrate Martha Mutuku on November 8.
Mutuku remanded them and ordered for a pre- bail report before setting their bond terms.
State counsel Kajuju Kirimi had indicated that the prosecution would not oppose their release on bails.
Mutuku will rule on whether to grant the two bond tomorrow.
Read: