The police want popular disc jockey Joe Mfalme and six others detained for 21 days pending further probe into the alleged fatal assault of Kabete police station detective Felix Kelian.
The prosecution told the court that they needed 21 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, obtaining 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 the court on Monday are Allan Ochieng, Eric Gathua, Simon Wanjiru, Joseph Mwenda (DJ Joe), officers Khadija Abdi Wako, Sammy Rotich and Agnes Mogoi.
The police told Kibera Principal Magistrate Margret 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 namely Allan, Eric, Simon and Dj Joe and one more who is still at large. (Respondents)
In his affidavit, Fredrick Kosen a police officer attached to DCI Dagoretti said what followed was an altercation that led to the deceased being beaten by Allan, Eric, Simon and DJ Joe.
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
Fredrick said the deceased was frogmarched to Kikuyu police station by Allan, Eric, Simon, DJ Joe and the officer.
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,” said Fredrick.
The court heard that the deceased left for home but the abdominal pains worsened. He was rushed 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 Fredrick.
The officer mentioned a doctor’s report which he says indicated that the deceased suffered blunt abdominal trauma and traumatic bladder injury.
He argued 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 police want Allan detained at Kabete police station, DJ Joe, Eric and Simon at Muthangari and the three officers at Riruta police station.
But the defence opposed the application 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.
“They further claim Allan is a flight risk but no evidence has been supplied to demonstrate or substantiate this allegation,” said the defence lawyers.
DJ Joe on the other hand defended himself and undertook not to leave the jurisdiction of the court until the matter was 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 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 offence, they have a constitutional right to be presumed innocent until proven guilty,” he said.
The court will rule on the detention application at 4:30pm
