•The court heard the accused who is charged with attempted murder should be abide by bail terms issued by the court on August 8.
• Accused unable to raise bail; hearing on bail review on October 12.
Image: FILE
A businessman accused of shooting two police officers and a waitress at Nairobi's Quiver Lounge on July 2 wants the court to lower his Sh5 million bail.
Dickson Njanja Mararo has been unable to raise the bail set by the court on August 8.
Through his lawyer, Mararo on Tuesday applied to trial magistrate Esther Kimilu to review the bond terms so that he can leave prison and attend his trial while outside.
He has denied three charges of attempted murder at the club along Thika Road. The motive of the shooting was not immediately established.
The prosecution opposed the application for review, saying nothing has changed and one victim is still in Nairobi Hospital.
Lawyer Danial Maanzu, who is representing the victims, told court that officer Festus Musyoka Kavuthi cannot speak as he is still in the ICU and his medical bill is Sh10 million.
He said the accused, who is charged with attempted murder, should abide by the bail ruling. The court will rule on the bail review application on October 12.
The charge sheet says Mararo attempted to cause the deaths of police constables Fetus Musyoka of Starehe division and Lawrence Muturi of Kasarani and waitress Felistas Nzisa.
All were shot at close range about 10pm, police said.
The court heard officer Musyoka was shot in the neck and is in critical condition at Nairobi Hospital despite undergoing surgery.
The DPP said the victim has not been able to speak to investigators.
However, lawyer Cliff Ombeta for Mararo opposed the DPP's application, saying the prosecution already opposed the application on bail without the affidavit.
Ombeta had argued the accused cannot speak for the victim who is still in ICU and keeping him in jail will not help.
Before being charged, Mararo was detained after chief inspector Geoffrey Ndatho attached at DCI sought more time to conclude investigations.
Ndatho told the court the suspect shot three people at the club in Kasarani.
The police constables and waitress were shot in the line of duty, he said.
The victims were rushed to hospital. Muturi, who was shot in the arm, was treated and discharged. The other police office and waitress were admitted.
Ndatho said Mararo fled the scene and had been in hiding until July 5. He did not report to any police station as required of all licensed firearms holders.
The court heard that a Glock semi-automatic pistol and 38 rounds of 9mm ammunition were recovered from the suspect.
(Edited by V. Graham)