• The DPP told the court that two victims have been discharged from hospital.
• However, constable Festus Musyoka, who is attached to Starehe police station, is still at The Nairobi Hospital.
Image: THE STAR
A businessman who allegedly shot two police officers and a waiter at Quiver Club along Thika road will spend a night at Muthaiga police station pending a ruling on Wednesday.
Milimani principal magistrate Zainab Abdul will rule on whether to detain Dickson Njanja Mararo for 14 days as requested by the prosecution.
The DPP through prosecution counsel Evelyne Onunga on Tuesday told the court that two victims, constable Lawrence Muturi, who is attached to Kasarani police station, and waitress Felistus Nzisa, have been discharged from hospital.
However, constable Festus Musyoka, who is attached to Starehe police station, is still at The Nairobi Hospital.
The police say while the shooting happened on July 2 at the club, the suspect went underground before he appeared on Monday at DCI headquarters in Kiambu.
In the miscellaneous application before court, the police asked for more time to allow the victims identify the businessman through an identification parade at Gigiri police station.
Investigating officer Geoffrey Ndatho said he is investigating an attempted murder case and the suspect has not yet been processed for fingerprints.
“The officers are yet to retrieve the CCTV footage for a cyber forensic report, record statement from crucial witnesses, obtain medical reports of the victims and obtain a report from ballistic examiners,” the affidavit reads in part.
Statements from victims are yet to be recorded since they have been admitted to hospital.
Lawyer Dan Maanzo, the MP for Makueni who is appearing for the victims, said Musyoka has not woken up since he underwent a surgery.
"The status of his health is not certain at this time. This morning, he had not woken up. The charges of attempted murder are serious and it is of importance that the suspect be detained to allow the prosecution time to get the correct position," Maanzo said.
Mararo's lawyer, Cliff Ombeta has opposed the application, saying the police have no compelling reasons to detain his client.
“Investigation did not start today, they started on July 2. The investigating officer needs to inform the court when they say he ran away from the crime scene yet he presented himself to the police. Everything was done on Monday in my presence, including taking of fingerprints,” Ombeta said.
He added that the victim in hospital will not heal by the police detaining his client.
"Let him be granted bail. There is no charge sheet and no holding charge. Let the suspect be charged and released on bail," he added.
The magistrate said she will deliver her ruling on Wednesday, since she had a long hearing on Tuesday.