• Investigating officer Oliver Nabonywe from the DCI headquarters took over from Starehe DCI officer Joseph Munene who was investigating the case.
• Defence lawyers did not oppose application by the prosecution.
Image: FILE
Lawyer Assa Nyakundi will spend a night at Muthaiga police station as police conclude their investigations into the murder of his son.
Nyakundi who was being represented by four lawyers is suspected of killing his son in Muthaiga last month.
Investigating officer Oliver Nabonywe from the DCI headquarters took over from Starehe DCI officer Joseph Munene who was investigating the case.
"I rely on the affidavit by PC Munene and I want to confirm that we are through with investigations, but since the respondent was discharged from hospital on Wednesday evening, I wish to request the court to detain him for one day to be able to process his contents," the prosecution said.
Nabonywe requested the court to detain Nyakundi at the Muthaiga police station to enable them to prepare his case. The lawyer has not been charged.
"We have to interrogate him, take his fingerprints and visit the scene of crime as Nyakundi is likely to face charges of murder, manslaughter or any other charge as directed by the DPP," the court heard.
The prosecution asked the court not to release the suspect on bond, saying there were compelling reasons that he is likely to face a murder charge.
Defence lawyers did not oppose the application by the prosecution but requested the police to finish their investigations as early as 12pm today and bring Nyakundi back in court.
"Visiting the scenes of crime might take a couple of hours and taking fingerprints cannot take a long time. Let the matter be mentioned tomorrow at noon," lawyer Ken Nyaundi said.
He added that though Nyakundi had been released from the hospital, he was still under medical attention by his private doctor and needs "to be under insulin treatment".
"This is a painful personal problem to the suspect as he is still under intensive depression, battling high level of BP as well as fluctuating diabetes," Nyaundi said.
He urged the court to grant the suspect reasonable bail or bond.
Nyaundi added that Nyakundi is an advocate and has no reason to disobey the court as required.
The prosecution however asked the court to consider their application bearing in mind that all persons are to be treated equally despite him being an officer of the court.
Chief magistrate Heston Nyaga in his ruling said the matter was of public interest and granted the prosecution the application.
"This is a matter of public interest however, the request by Investigating officer is allowed. Nyakundi will be detained at Muthaiga police station and police should make sure he gets access to his medication. For bond it's pre mature to rule at this stage as the case will be mentioned today", Nyaga ruled.
Nyakundi was discharged on Wednesday evening from Nairobi hospital where he has been for six weeks after falling sick during his arrest.