Kahawa Law courts Chief principal magistrate Diana Mochache will on Wednesday rule on whether Police Internal Affairs Unit can bring a case before her court.
The IAU had made an application seeking the court to allow the police to detain the four police officers suspected of having a hand in the disappearance of two Indian men and their taxi driver.
IAU wanted the four to be held for 30 days pending investigations.
The defence team led by lawyer Dantan Omari said only DCI, DPP or National Police Service Commission can bring cases against police to court.
The four police officers were detained on Friday in the probe into the two missing Indians and their driver in Nairobi.
At least ten other officers from the disbanded Directorate of Criminal Investigation (DCI’s) Special Service Unit (SSU) have reportedly agreed to be witnesses in the case that is slowly emerging to be a major probe into claims of extra-judicial killings.
Officials said the four were detained in different police stations in the city after a day-long grilling of about 21 officers from the unit.
