The Office of the Director of Public Prosecutions has ordered that a junior police officer, who allegedly shot and fatally injured two people at a famous nightclub in Nakuru City, be charged with murder.
Nicholas Musau, attached to the Nakuru Central Police Station has been in police custody for a month since he was arrested on December 12, 2023, and was yet to be charged in court.
The prosecution has been asking for an extension of custodial orders to allow time to conclude investigations. However, on Wednesday the Director of Public Prosecutions Renson Ingonga directed that the police officer be charged with murder.
“On the night of December 12, 2023, police constable Nicholas Musyoka Musau based at the Nakuru Central Police Station shot four people at the Loritas Liquor Club popularly known as Vegas Club. Ms Ann Maina and Mr Laura Kwasira succumbed to bullet injuries while Mr Benjamin Kote and Mr Edwin Apungana survived with serious wounds. After reviewing the investigation file,l am satisfied that there’s sufficient evidence to sustain a charge of murder against the accused,” stated Mr Ingonga.
“I therefore direct that the suspect be charged with two counts of murder contrary to Section 203 as read with Section 204 of the Penal Code,” further stated the DPP.
On Tuesday, the accused police officer was presented before the court for a third time and the prosecution led by Wycliffe Omwenga sought a further 14-day extension of his detention at Naivasha Police Station ‘because the matter was being handled by a different agency’- the Independent Police Oversight Authority.
The prosecution told the court that the IPOA had established some missing links in the police files containing investigations carried out by the police, something that requires more time, to fix before he is charged.
According to the IPOA, the police had failed to investigate three other firearms, which were used in the shooting after the accused opened fire following a quarrel over a Sh 13,000 bill.
The State made the claims, as they sought an extension of time for the IPOA to conclude investigations into the matter before preferring charges upon Mr Musyoka.
Police Constable Musau who was attached to Nakuru Central Police Station is accused of killing the owner of NaxVegas club, Laura Kwisira and a bar maid, Ann Maina over a Sh13,000 bill.
He is said to have allegedly also shot two bouncers at the club one of whom is still admitted in hospital.
In an oral application before Senior Resident Magistrate Lilian Akoth, the IPOA needed time to forward the three other firearms to Nairobi for ballistic report.
“IPOA took over the matter on December 21 from the Directorate of Criminal Investigations and upon perusing the police file they discovered there were missing links in the investigations. Some firearms were missing despite there being spent cartilages from more than one firearm,” said state Counsel Wyclif Mr Omwenga.
The court had that the IPOA had already obtained the three firearms which it plans to forward to the ballistic examination in Nairobi.
He asked the magistrate to extend the detention because of the gravity of the matter.
“The suspect is a police officer and is therefore likely to interfere with investigations and witnesses in the case if he is released on bail,” said Omwenga.
The application was opposed by defence lawyer, David Mong’eri who dismissed the prayers as unconstitutional.
Mongeri claimed the continued detention was a violation of his client’s rights against pre-trial detention.
Following the directive the police officers are set to be charged before a Nakuru Court.
Musyoka who is attached to Nakuru Central Police Station, is said to have shot and killed Ms Ann Maina on the night of December 13, 2023, at Lorita’s Liquor house commonly known as Vegas Club.
The officer is said to have picked a quarrel with the bar attendant over a Sh 13,000 bill before a confrontation ensued leading the officer to draw his pistol and fatally wounded the attendant. One out of the four people who were shot during the incident Kwasira, succumbed to injuries at the Nakuru Level Five Hospital.
The remaining two victims are still nursing gunshot injuries.
The suspect was first arraigned on December 14, where the police obtained orders to detain him for seven days pending investigations.
When they appeared before court on December 21 ready to charge him, they discovered that the Directorate of Public Prosecution had ordered the IPOA to take over the matter from them.
The IPOA upon taking up the matter successfully applied for 21 days to conclude investigations.
