Two suspects linked to the killing of car dealer Kelvin Omwenga in Kilimani last month will spend two more days in remand, the High Court ruled Friday.
Chris Obure and Robert Ouko will be held at Kileleshwa and Kilimani police stations, respectively, awaiting to undergo mental evaluation in readiness for the murder trial scheduled to start on Monday.
When they were produced at a magistrate court in Kibera on Friday, principal magistrate Derrick Kuto heard that detectives had concluded investigations into the fatal shooting that happened on August 22 at Galana residential suites apartment in Kilimani.
State prosecutor Karimi Kajuju told court that the detectives had pieced up the case and were ready to proceed with the murder case.
During the investigations, police cybercrime unit has been reviewing and analysing multiple surveillance footages of two buildings in Kilimani estate.
Some of the video footages relate to offices of a private company known as Glo-Jet, situated at Senteu Plaza, where the firearm used in the shooting was recovered by police officers.
Other footages are related to Galana residential suites, the scene of crime where the victim is said to have been shot by his friend Ouko after having dinner alongside friends and relatives.
Investigators were also focusing on the ballistic examination of the firearm used in the killing and obtaining its records from the central firearm bureau.
The suspects have been in remand since August 23 when they presented themselves to the authorities, while police have been recording statements of key witnesses of the incident.
Detectives were also studying previous crime records of the suspects, taking their finger prints and their DNA sampling for analysis by the government chemist.
But when the suspects appeared at the High Court, the prosecution side led by State Counsel Gikui Gichuhi said the suspects could not answer the plea as their mental capacity to take the murder charge was yet to be ascertained.
While urging court defer the plea-taking, Ms Gichuhi told Justice James Wakiaga the prosecution was not ready because the decision to charge the suspects with murder was made Friday morning.
“The mental evaluation cannot be conducted without a court order,” the prosecutor said during the video link proceeding while asking court to remand the suspects for a further seven days.
However, the suspects fought the application saying they have been in police custody for 14 days and a further detention was infringement of their constitutional rights.
Through lawyers Prof Patrick Lumumba, Caroline Odour and Kennedy Arum, the two suspects sought to be released on bail pledging to comply with any terms that would be imposed by court.
“Mental assessment can be done when the suspects are out. Court can impose terms such as requiring the suspects to report to the Kilimani DCI so that they can be escorted to the psychiatrist. They have been in custody long enough,” said Prof Lumumba.
He cited Article 49 (1) (h) of the constitution on the rights of arrested persons which provides that arrested person has the right to ‘to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released’.
The defence added that the prosecution had offered a compelling reason that would allow the suspects to remain in remand.
“The suspects are not flight risks, they have families, addresses and fixed abodes,” the lawyers said.
Justice Wakiaga directed the Office of Director of Public Prosecution to escort the suspects to psychiatrist yesterday evening so that they can answer the charge on Monday midday.
He also directed the defence to file the bail application and the prosecution to respond the same before end of yesterday.
“No good reason has been advanced on why police need seven days for the mental assessment exercise. Government doctors are available throughout. The suspects should be taken for the assessment forthwith and appear on Monday for plea-taking,” ruled the judge.
