DPP orders Nakuru suspected killer cop charged with murder
Laura Kwasira (left) and Ann Maina who were shot by a police officer over a Sh13,000 alcohol bill.
The Director of Public Prosecutions has ordered that a police officer who allegedly shot dead two people at a Nakuru nightclub be charged with murder.
Nicholas Musau, who is attached to Nakuru Central Police Station, has been in custody for a month since his arrest on December 12 and has yet to be charged in court. Prosecutors have requested an extension of his remand to allow time for investigations to be completed.
On Wednesday, Director of Public Prosecutions Renson Ingonga ordered that the police officer be charged with murder.
"On the night of December 12, 2023, Police Constable Nicholas Musyoka Musau based at the Nakuru Central Police Station shot four people at the Loritas Liquor Club popularly known as Vegas Club. Ms Ann Maina and Mr Laura Kwasira succumbed to bullet injuries while Mr Benjamin Kote and Mr Edwin Apungana survived with serious wounds. After reviewing the investigation file, l am satisfied that there's sufficient evidence to sustain a charge of murder against the accused," said Ingonga.
The club in Nakuru City where a police officer shot dead a bartender and wounded three revellers on Wednesday morning.
"I therefore direct that the suspect be charged with two counts of murder."
On Tuesday, the accused was brought before the court for the third time and the prosecution, led by Wycliffe Omwenga, sought a further 14-day extension of his detention at Naivasha police station as the matter was being handled by the Independent Policing Oversight Authority (Ipoa).
Police investigation files
The prosecution told the court that Ipoa had found some missing links in the police investigation files, which required more time before he could be charged.
According to Ipoa, the police failed to investigate three other firearms used in the shooting after the accused opened fire following an argument over a Sh13,000 bill.
Constable Musau is accused of killing the owner of the NaxVegas club, Laura Kwisira, and a bar attendant, Ann Maina.
He is also alleged to have shot two bouncers at the club, one of whom is still in hospital.
In an oral application before Senior Resident Magistrate Lilian Akoth, Ipoa said it needed time to send the three other guns to Nairobi for ballistic testing.
Omwenga asked the magistrate to extend the detention because of the gravity of the matter.
“The suspect is a police officer and is therefore likely to interfere with investigations and witnesses in the case if he is released on bail,” he said.
The application was opposed by defence lawyer David Mong’eri, who dismissed the prayers as unconstitutional.
Mong'eri claimed that the continued detention was a violation of his client’s rights against pre-trial detention. The police officer is due to be arraigned in a Nakuru court on Wednesday.
It is alleged that the police officer had an argument with the bar attendant over a Sh13,000 bill before a confrontation ensued in which the officer drew his pistol and fatally wounded the bar attendant and the owner.
