Detectives will decide whether to charge Kilimani shooting suspects with murder, manslaughter or misuse of firearms when they appear in court on Monday morning.
Controversial businessman Chris Obure and Robert Bodo are expected to appear in court over the killing of car dealer Kevin Omwenga on Friday night.
The shooting happened at the seventh floor of Galana Suites on Galana Road.
Bodo was arrested moments after the fatal shooting while Obure was apprehended by detectives at his house in Riverside and driven to Kilimani police station.
Obure was, however, transferred to Kileleshwa police station where he spent Sunday night.
On Sunday, Bodo — the key suspect, wrote a second statement at Kilimani police station.
While earlier reports indicate that an argument led to the shooting of a 28-year-old man in Kilimani, Nairobi claims the incident was accidental.
While the gun belongs to Obure, it was Bodo who accessed it from the safe and proceeded with it to the bedroom where Omwenga was.
At the time of the shooting, the victim was in the company of his brother Wycliffe Omwenga, 28, Bodo and two other men and a woman, according to police reports.
He was rushed to Nairobi Women’s Hospital Adams branch where he was pronounced dead on arrival, a police report filed at Kilimani police station indicates.
A CCTV footage seen by the Star shows Omwenga leaving the apartment at 9.39pm and returning an hour later with a woman, Bodo following him a few moments later.
“The case against Obure is weak because he had kept his arm in a safe place and cannot be charged with failing to secure the arm. It’s the other suspect who took the gun has a case to answer,” a detective told the Star on Sunday.
Obure is a licensed firearm holder while Bodo is not.
Another detective said Obure and the car dealer were close friends, hence could not have conspired to kill him.
On Saturday, police visited the scene for the second time with the Bodo to explain how the incident happened.
Police took him to the house on Saturday afternoon where he also demonstrated what and how it happened.
A Mini Ceska firearm serial no B156623 was used in the shooting and a bullet head and empty cartridge of 9mm recovered from the scene.
Obure is said to have denied knowledge of how the shooting happened.
Police sources say Omwenga and Obure have had suspicious business deals in the past and Omwenga was scheduled for a business trip outside the country.
Investigations may spill over to the Firearms Licensing Bureau after reports emerged that Obure lost the license of the weapon used in Friday’s shooting in 2019 after police revoked it.
How Obure got his weapon back is a puzzle that police will try to unravel.
Other people who were at the house at the time of shooting remain witnesses.
As police probe the motive of the killing, Omwenga’s body lies at Montezuma mortuary pending a postmortem.