Director of Public Prosecution on Wednesday put a spirited fight in a bid to lock up a city businessman Dickson Njanja Mararo in remand until his attempted murder case is heard and determined.
Mararo is the suspect behind the shooting of two police officers and a woman at Quiver Lounge in Kasarani, Nairobi.
The DPP through Evelyne Onuga submitted several reasons as to why Njanja should not be released on bail.
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Onunga informed Milimani trial magistrate Esther Kimilu that the businessman who is currently being held at Gigiri police station attempted to cause the death of two officers Festus Musyoka, Lawrence Muturi and waitress Felistas Nzisa by shooting them at a close range.
The prosecution wants the accused person detained saying that if released on bail he's highly likely to threaten, intimidate, interfere with any of the state witnesses.
"There is a high likelihood that if Njanja is released on bond or bail the accused will threaten and interfere or in any other way try to influence the civilian witnesses," says state counsel Onuga.
She added that Njanja is charged with the offence of attempted murder and if found guilty the punishment melted out could be that of life imprisonment.
He added there are more probabilities and incentives for him to abscond if released on bail pending the hearing and determination of his case.
Onunga informed the court to consider the character of the accused since he went under after committing the offence only to surrender with his lawyer three days later.
The court further heard that one of the victims, officer Musyoka is still in critical condition at ICU in Nairobi hospital and is yet to record a statement with the police.
The prosecutor said that they also intend to have both civilians and officers who are witnesses in the case put under witness protection before the accused is released on bail
However, the family victims lawyer MP Dan Maanzo supported the DPP move to have the accused denied bail pending trial.
Maanzo informed the court that the Musyoka hospital bill is at Ksh4 million since he was admitted to the hospital on July 2 following the shooting incident at the hotel.
"The victims have been physically and economically damaged by the incident. As the doctor attending to officer Musyoka at Nairobi hospital, he says that he has a permanent disability in the back and neck from following the gunshot wound. He may not be able to work again and not walk as his movement will be impaired, "said Maanzo.
He urged the court to compel the accused person to deposit his passport with the court if granted bail.
But Njanja through lawyer Cliff Ombeta opposed the application by the state to have his client locked up until his case is heard saying that they have not tabled compelling reasons to warrant denial bail.
Ombeta urged the court to grant his client reasonable bail terms on conditions that he deposits his passport with the court, to be reporting to the court or investigation officer once a month until the case is heard and determined.
"My client is willing to abide by all the conditions the court will direct once granted bail," said Ombeta.
The accused has since denied that he attempted to kill the three victims on July 2, 2021 at about 10 pm at Quiver lounge in Kasarani sub-county, Nairobi County.
The court heard that the accused has since surrendered a Glock semi-automatic pistol and 38 rounds of 9mm ammunition.
The court will make its ruling on Friday.
