A pre-bail report will be tabled in court Friday as the second suspect charged with the murder of Dutch tycoon Tob Cohen seeks to be released on bond.
In his application through lawyer Ham Lagat, Mr Peter Karanja Njoroge says there are no compelling reasons to deny him his freedom.
Cohen’s relatives have also been allowed to file an affidavit in response to the request.
Mr Karanja has denied murdering the Nairobi golf organiser, an offence which he allegedly committed on the night of July 19 and 20, with others not before court.
Cohen’s wife, Ms Sarah Wairimu Kamotho, who is the first suspect, has denied the murder charge and was released after depositing cash bail of Sh2 million.
The prosecution plans to consolidate the two cases, although Ms Kamotho, through her lawyer Philip Murgor, said she would oppose the application.
Mr Karanja says in his petition that he has cooperated with the investigators, a fact he said the police have acknowledged. He adds that he would abide by all the terms and conditions imposed by the court.
Mr Karanja further states that he is not a flight risk since his travel documents are being held by the investigators, and also promises not to interfere with the witnesses.
But the prosecution says his release would disturb public order or undermine public peace. Further, the prosecution argues that his life could be in danger.
Police, on their part, should he be freed, he would complicate ongoing investigations since other suspects are yet to be apprehended.
Mr Karanja has been in custody since his arrest on September 10.
The application will be heard by Justice Daniel Ogembo Thursday morning.