A post-mortem conducted on businessman Kelvin Omwenga’s body confirmed the he was shot once on his left side of the chest.
Chief government pathologist Johansen Oduor yesterday said the bullet tore through the heart leading to the collapse of the left lung and a lot of internal bleeding in the left side of the chest.
“The bullet came out through his back on the left side after going through the vital organs including the heart. What actually killed him were the injuries,” said Dr Oduor.
“It looks like someone who died instantly. When the heart is injured, you have very little chances of survival.”
Dr Oduor, however, noted that the bullet was shot at close range from a higher trajectory and exited through a lower point.
He said the circumstances in which the shooting occurred would best guide on whether the incident was accidental or premeditated.
Meanwhile, the cybercrime police unit started reviewing CCTV footages from two buildings in Nairobi’s Kilimani Estate as part of investigations into the shooting.
Some footages relate to offices of a company known as Glo-Jet at Senteu Plaza, where police officers recovered the firearm used in the shooting.
There are also footages from Galana Residential Suites, the scene of crime where the deceased was allegedly shot by his friend Robert Ouko.
The case investigator Sergeant Bashir Boya, yesterday told Kibera Principal Magistrate Derrick Kuto that the firearm loaded with 13 bullets, belongs to businessman Chris Phillip Obure.
He urged the court to detain Mr Ouko and Mr Obure for 14 days to give them time to complete the investigations, arguing that the suspects could interfere with witnesses if released.
The court heard that police were yet to decide on the criminal charges to prefer against the two. They were also yet to record statements of key witnesses of the case.
Mr Boya told the court that Mr Ouko hid the firearm at the Glo-jet offices after the shooting incident. Preliminary investigations, the court heard, reveal that the deceased’s relatives were in the house when Mr Ouko requested to leave after having dinner.
The deceased then proceeded to his bedroom with Mr Ouko. A few minutes later, a loud gunshot was heard from the bedroom, and the suspect went out hurriedly saying he was rushing somewhere.
The deceased’s brother, however, restrained him while the other people in the house rushed to the bedroom where they found the deceased lying on the floor in a pool of blood.
Mr Ouko went to Glo-Jet at Senteu Plaza where he hid the gun. He then accompanied the rest in taking Mr Omwenga to Nairobi Women Hospital Hurlingham, where he was pronounced dead on arrival.
“The firearm belongs to Mr Obure, a licensed firearm holder and it became a mystery how Mr Ouko had it. The suspects’ release could lead to interference with the investigation,” Mr Boya told the court.
He said detectives are yet to obtain any previous crime records of the suspects, take fingerprints and their DNA samples for analysis. They are also yet to take photo profiling and do mental assessment.
The investigations are also focusing on the ballistic examination of the firearm and obtaining its records from the Central Firearm Bureau.
Detectives will perform phone analysis and forward the same to the Cybercrime Unit at the Directorate of Criminal Investigations for analysis.
The suspects, however, opposed the application to detain them saying they cannot interfere with investigations as alleged since the CCTV footages and the firearm are in police custody.
“It is right of an arrested person to be released on bond or bail,” the suspects’ lawyers Kennedy Arum and Prof Patrick Lumumba told the court.
They dismissed prosecution’s statement that their clients were arrested yet they had presented themselves to the police, noting that documents filed by Sergeant Boya were undated and unsigned.
Mr Obure, through Prof Lumumba, said he was a licensed firearm holder.
“The prosecution is presumptuous, it has drafted orders they expect to be issued. This is a reprehensible conduct,” said Prof Lumumba.
The suspects were escorted back to the police station awaiting court ruling on their application at 2.30pm today.
