Two suspects, in the murder of Nairobi businessman Kelvin Omwenga, will stay in police custody for 12 days as detectives complete investigations in the shooting incident.
During the period, the investigators will compile evidence, record witness statements, examine the firearm used in the killing and review surveillance footages of the scene of crime.
Later, they will decide whether there is evidence to sustain any criminal charges against the suspects, Robert Ouko Bodo and Chris Phillip Obure.
The case investigator, Sergeant Bashir Boya, told Kibera principal magistrate Derrick Kuto that detention of the suspects was immensely necessary as their release would have interfered with the investigation exercise.
“The witnesses of the shooting incident are known to Mr Ouko. The results of the post-mortem exercise on the body of the deceased to confirm the cause of death are not yet out,” Mr Boya told court.
He said police detectives needed time to cover various aspects of investigations such as taking finger prints of the suspects, photo profiling and escorting the suspects to the government chemist for DNA sampling for analysis.
The officers will also take the firearm to the ballistic expert for examination and obtain records of the firearm from the central firearm bureau.
An analysis of CCTV footage showing movement of the motor vehicle that was used by Ouko and the victim will also be done.
The investigators will also perform phone analysis from the service providers and forward the same gadgets to the Cyber Crime Unit at the Directorate of Criminal Investigations headquarters.
Another aspect to be covered is obtaining of previous crime records of the two suspects and also studying the post-mortem report detailing what caused the death of the car dealer on the night of august 21, 2020.
The shooting happened at the victim’s house on Galana Road in Kilimani estate. The court heard that the firearm that was loaded with 13 bullets belongs to Obure.
While ordering that the suspects be detained, the court observed that though it is unlawful to hold suspects in custody without a formal charge every case should be looked on its own merit and circumstances.
The magistrate said people should not be deprived their liberty, but it will always depend on a case to case basis.
“This is a murder case where a precious life was lost. The victim’s family and the respondents want to know what really happened. The circumstances are clear that police need more time. If there is no sufficient evidence, they will be discharged,” said the magistrate.
He also delayed determination of an application by Ouko’s wife to compel police release her motor vehicle which was seized in connection to the shooting incident.
The suspects will be produced in court on September 4 for a mention of the case to update the court on the progress of the investigation.
According to court documents, preliminary investigations have revealed that Ouko shot the victim after having dinner alongside some friends and relatives.
Ouko had a talk with the victim in his bedroom before a gunshot was heard from the room.
Ouko left the house hurriedly and said that he wanted to rush somewhere.
But he was restrained by the victim’s brother.
Ouko later went to the offices of private company called where he hid the gun.
He accompanied the other friends and relatives in taking Omwenga to Nairobi Women Hospital Hurlingham branch where the victim was pronounced dead on arrival.
The suspect also accompanied the group to Kilimani Police Station to make a report of the incident.