A Kwale Law Court has rejected Police request for more time to complete investigations on a murder case in which a director of a private security firm is accused of killing a 16-year-old primary school boy on New Year’s eve.
The investigating officer, Mr. Stephen Muli wanted the suspect James Matheka, a licensed gun holder who is yet to take plea, to be detained for seven days to allow police to conduct further investigations, but the Resident Magistrate Mr. Paul Mutai declined.
During Wednsday’s cross-examination by the suspect’s lawyer Mr. Oduori Siminyu, who strongly opposed the miscellaneous application, the officer said one of the reasons police wanted more time is to produce ballistic report which is to be carried out in Nairobi.
Mr. Mutai however released the suspect on a bond of Sh 200,000 or Sh50,000 cash bail noting that there was no need to continue detaining him as he has been cooperating with the police ever since he was arrested on January 2.
The standard eight pupil Ruwa Mwaruwa died after a stray bullet struck his head while sitting outside his grandmother’s house at Patanani village, Tsimba location, Matuga Sub-county in Kwale County.
Matheka is claimed to have been practicing with the gun at home.
Mr. Siminyu argued the accused has been cooperative with the police and has not interfered with any evidence or even witnesses adding that his client was innocent until proven guilty.
“Your honor, I don’t think the accused should be remanded since the affidavit only talks of ballistic report and not about investigation, which is why I oppose the application”. He said.
Mr. Oduori added that the accused person has a right to be granted bond or cash bail since it’s as guaranteed in the Constitution.
His case will be mentioned of January 14, when the suspect is also expected to take plea.