A Kibera court Monday allowed a prosecution application to detain DJ Joe Mfalme and six others for 14 days pending further probe into the alleged fatal assault of Kabete detective Felix Kelian Kintos.
Magistrate Margret Murage said the suspects will be detained for 14 days.
The DCI had requested for 21 days but the court said the 14 will be sufficient.
Dj Joe Mfalme will be detained at Muthangari police station together with Eric Gathua and Simon Wanjiru.
Allan Ochieng will be detained at Kabete police while the three officers Khadija Abdi Wako, Sammy Rotich and Agnes Mogoi at Riruta station.
The court directed the matter be mentioned on April 8.
The prosecution told the court that they need the days to gather sufficient evidence before preferring any charges against the suspects.
This will include recording relevant witness statements, obtaining treatment records from the hospital, obtain CCTV footage of the crime scene, call data records of the seven and arrest of another suspect who is still at large.
Those arraigned before court today are Allan Ochieng, Eric Gathua, Simon Wanjiru, Joseph Mwenda (Dj Joe Mfalme) and police officers Khadija Abdi Wako, Sammy Rotich and Agnes Mogoi.
The prosecution told Murage that preliminary investigations have revealed the deceased was involved in a slight non injury accident while driving his car along Kikuyu road.
He allegedly hit a vehicle with five occupants being Allan, Eric, Simon and DJ Joe Mfalme and one more who is still at large.
Investigations officer Fredrick Kosen who is attached to DCI Dagoretti said what followed was an altercation that led to the deceased being beaten by the Allan, Eric, Simon and Dj Joe Mfalme.
The accident scene was allegedly visited by Abdi.
Abdi had been assigned as the duty officer at Kikuyu police station to respond to traffic incidents on the night of March 16.
The officer allegedly found the deceased being beaten by Allan, Eric, and Dj Joe.
The officer said deceased was frogged marched to Kikuyu police station by Allan, Eric, Simon, DJ Joe Mfalme.
It was there that he started complaining of abdominal pain. He was also urinating blood.
Sammy Rotich and Agnes Mogoi on the other hand were on duty at the station that day.
They received the deceased who was complaining of injuries and they witnessed the deceased urinating blood.
The investigation team said the deceased left for home but the abdominal pains worsened.
He was rushed to Langata Hospital and later to Nairobi West Hospital.
“But he passed on March 21 while undergoing treatment. From then on investigations commenced and officers managed to arrest the suspects,” said the detective.
A doctor’s report indicated that deceased suffered blunt abdominal trauma and traumatic bladder injury.
He said that there’s a likelihood the suspects may interfere with the probe and it’s only just and fair that they be detained as they conclude the matter.
The defense opposed the application for 21 days saying there is no exceptional circumstance to have the suspects detained for the days being sought by the police.
The doctors report they also said was not tabled in court to prove the claims being made by the police.
The Deejay defended himself and undertook not to leave the jurisdiction of the court until the matter is determined.
He pleaded with the court to admit him on bail saying he is ready to report to the investigating officer if need be.
His advocate explained to the court that he has executed several contracts to perform and entertain to revellers during the Easter Holidays.
“We appreciate that the respondents are facing serious crime but under article 49 of the constitution, the right to bail pending trial irrespective of the gravity of the offense, they have a constitutional right to be presumed innocent until proven guilty,” he said.
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