Mr Alex Mutua Kithuka will be charged with the murder of British National Campbell Scott whose body was found in a thicket at Makongo Forest, Makueni County.
Director of Public Prosecutions (DPP) Renson Ingonga at the same time dropped Albanus Mutinda Nzioka, who had also been arrested over the murder of the Briton.
State prosecutor Joyce Olajo told the court that Mutinda would be turned into a state witness in the murder trial.
Mr Mutinda was directed to assist the police in apprehending two more suspects who are still at large.
"The DPP has directed Albanus (Mutinda) to be freed as he will be a witness. He will also assist in the apprehension of two more suspects at large," the prosecutor told Milimani chief magistrate Lucas Onyina.
While asking the court to close the miscellaneous filed, Ms Olajo said Kithuka would be presented before the High Court in Makadara on March 26, to plead to the charge.
Kithuka was remanded at Capitol Hill police station until Wednesday when he will be presented at the Makadara High Court to answer a charge of murder.
The two have been in police custody since their arrest on March 3, 2025.
The investigating officers told the court that they forwarded the file to the office of the DPP for perusal and final advice last Friday.
When they appeared before the court on Monday, the prosecution asked the court to be granted one more day, for the DPP to give his direction on the matter.
“The DPP’s office received the file on the two suspects Alex Mutua Kithuka and Albunus Mutinda Nzioki on Friday. He needed time to read through the entire investigation diary before arriving at a decision on the nature of charges to file against the suspects,”Mr Onyina heard from Ms Olajo.
Campbell arrived into the country a day after the Valentine’s Day on February 15, 2025 then booked into a hotel in Westlands Nairobi.
“Campbell went missing on February 16, 2025 and his body was later discovered hidden in a thicket at the Makongo Forest along Machakos-Wote Road, in Makueni County,” Ms Olajo told the magistrate.
She informed the court that preliminary investigations reveal that the British national was last seen with an unidentified male African leaving Westlands on February 16, 2025.
Further, the court heard, the deceased was taken to Pipeline Estate within Nairobi’s Eastlands into a house belonging to Mutua, where it is believed he was murdered.
Mr Onyina heard there were futile attempts to withdraw money from the deceased Visa Cards in Nairobi, Voi and Mombasa.
“Kithuka and Nzioki were arrested on March 1, 2025, along Nairobi-Mombasa Road,” Mr Onyina was told.
The court further heard that during the time of arrest Kithuka had already evacuated all the house hold goods and taken them to an unknown destination.
“The suspect -Kithuka- is believed to have removed the body of Campbell and transported it to an unknown place while he was moving his house hold goods and belongings from his Pipeline residence,” the prosecutor stated.
Ms Olajo said due to the seriousness of the matter, police are apprehensive that if the two suspects are released they will sabotage the investigations.
Ms Olajo prayed to have the suspects be detained for three weeks to enable detectives conclude investigations before charges can be preferred against the suspects.
Ordering for the detention of the two on March 3, 2025, Mr Onyina said the application by the DPP has met the required thresh-hold to warrant the detention of the two suspects to assist police complete investigations.
“The police have established there are good grounds to warrant the detention of the suspects for 21 days. The application is hereby allowed,” Mr Onyina ruled.
