Police have been allowed to hold for a week a businessman who shot two officers at Quiver Lounge along Thika Road allegedly during a quarrel over a woman.
Milimani principal magistrate Zainab Abdul on Wednesday ruled that holding Dickson Njanja Mararo for 14 days would be a long time and instead allowed them seven days, which she noted was sufficient.
In her ruling, the magistrate said she had carefully considered the submissions by parties and that it came out clearly that two of the victims were treated and discharged and one is still in hospital.
She said she found a proper case had been made to detain the suspect. However, the period requested was too long.
“I direct that the suspect be detained for a period of seven days to allow completion of investigations,” the magistrate ruled.
She directed the suspect to be detained at Muthaiga police station until July 15.
On Tuesday, the DPP through prosecution counsel Evelyne Onunga 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 division, is still at The Nairobi Hospital in critical condition.
The police say after the shooting happened on July 2 at the club, the suspect went into hiding before he reappeared on Monday at DCI headquarters along Kiambu road.
In the miscellaneous application, the police asked for 14 days to allow the victims to identify the businessman through an identification parade at Gigiri police station.
Investigating officer Geoffrey Ndatho said he was investigating an attempted murder case and the suspect had not yet been processed for fingerprints.
“The officers are yet to retrieve the CCTV footage for a cyber forensic report, record statements from crucial witnesses, obtain medical reports of the victims and obtain a report from ballistic examiners,” the affidavit reads.
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 opposed the application, saying the police had no compelling reasons to detain his client.
“Investigations 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.
Edited by Henry Makori
