The Kibera Law Courts will tomorrow (Tuesday) rule on whether to allow police to detain for 14 days business man Chris Obure and Robert Ouko over the shooting of a 28-year old man Kelvin Omwenga on Saturday at Galana Suites in Kilimani, Nairobi.
The prosecution is seeking for the detention to allow the police conclude their investigations.
“The continued detention of the two suspects is necessary for the furtherance and finalizing of the investigation. Their release could lead to further interference with the ongoing investigations,” reads the miscellaneous application.
Investigating officer Bashir Boya said that the firearm used in the killing belongs to Chris Philip Obure, a licensed firearm holder, but they need to ascertain how Robert Ouko Bodo came to be in possession of the gun.
The prosecution also said it is awaiting the postmortem of the body to establish the cause of death.
Lawyer PLO Lumumba, for the second respondent said CCTV footage already in police custody hence there was no need to detain them adding that his client would not interfere with the case.
Lawyer for the 1st respondent asked for his client to be released on bail and that there hasn’t been any mention of the first respondent interfering with the investigations.
He said the application by the prosecution does not meet the threshold to deatin the accused persons.
Bodo was arrested on Saturday for the fatal shooting of Omwenga in his house and a Mini Ceska pistol with 13 rounds of ammunition recovered.
Police said the ballistic analysis will be done on the firearm as investigators seek to unravel the motive behind the shooting.
Second suspect identified as Chris Obure was also arrested with claims that Omwenga was killed in a suspected gold deal gone sour while in his bedroom.
The arrest came as National Gun Owners Association of Kenya condemned the incident calling for speedy investigations.
The association through its vice-chair Sammy Onyango also called on the Ministry of Interior and Coordination of National Government , Inspector General of police, DCI, DPP and the Judiciary to take stern action on cases involving misuse of firearms without necessarily restricting legitimate and responsible use of the same firearms.
The association said none of its almost 2000 members have ever been involved in any misuse of the firearm largely due to training.