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Man who shot to police officers, waitress, released on bond


A trader charged with attempting to murder two police officers and a waitress at a city hotel in Nairobi has been freed on a Sh10million bond.

While releasing Dickson Njanja Mararo, Milimani Law Courts senior principal magistrate, Ms Esther Kimilu said bail is a constitutional right to every suspect arraigned in court.

“Although one of the injured police officers Festus Musyoka Kavuthi is yet to record a statement I will proceed to grant the suspect bond,” Ms Kimilu said.

She noted that Police Constable Musyoka, attached to the Criminal Investigations Department (CID) Starehe sub-county is still undergoing medication at the Nairobi Hospital.

“The prosecution and lawyer Daniel Maanzo for PC Kavuthi’s family says he is yet to speak due to injuries suffered,” Ms Kimilu noted.

She said PC Kavauthi who was shot alongside PC Lawrence Muturi and a waiter Felistus Nziza at Quiver Launch Restaurant on July 2, 2021 is still admitted in critical condition at the Nairobi Hospital.

“It’s not possible to estimate the time PC Kavuthi will stay at the Intensive Care Unit before he can record a statement with the police over the July 2, 2021 shooting incident at the city hotel,” Ms Kimilu said.

She agreed with defence lawyer Cliff Ombeta that the rights of the accused must be considered alongside those of the victims of the shooting.

“I have taken into account that the police have interacted with the accused for at least one month now,”she noted adding, “all investigations they intended to conduct must have been finished plus securing protected witnesses others whose identity will remain unknown until trial begins.”

She proceeded to grant Mararo a bond of Sh10million with one surety of same amount and an alternative cash bail of Sh5million.

He was directed to deposit his passport in court.

Further, the firearm of the accused will remain with the relevant arms bureau.

Mr Maanzo told Ms Kimilu the hospital bill of PC Kavuthi at the Nairobi Hospital is over Sh5million.

The prosecuting counsel Ms Everlyn Onunga had opposed the release of the accused on bond saying Mr Mararo, a licenced gun holder, did not report the shooting but went into hiding. He resurfaced after three days from July 2, 2021.

She urged the magistrate to consider all the mitigating factors presented to her and deny the accused freedom.

But Mr Ombeta pressed for the release of the accused on bond saying no compelling reasons had been advanced to warrant the court deny the accused bond.

Mr Ombeta stated the offence is bailable and that the accused is not a flight risk.

Mr Mararo has denied that he attempted to murder PC Kavuthi, PC Muturi and Ms Nzisa on July 2, 2021 at Quiver Lounge Restaurant in Kasarani, Nairobi County.

The case will be heard on September 20, 2021.