Two men have been charged with threatening to kill a fellow reveller at Taal Club in Westlands, Nairobi.
Rahiel Daud and Hitesh Motwani alias Vicky are accused of threatening to kill one Arya Anuj on 25th March 2026, without lawful excuse.
The two are also charged with assaulting the complainant, thereby occasioning him actual bodily harm.
Daud and Motwani denied the charges before Principal Magistrate Zainab Abdul.
Their lawyer Steve Ogolla had opposed plea taking on grounds that the police had kidnapped his clients from Parklands police station and abruptly arraigned them in court without his knowledge.
“I left Parklands police station at around 12pm but I was called at 2pm that my clients had gone missing,” the lawyer stated.
Ogolla added that his clients had not recorded any statements at Parklands police station neither had they been processed before the sudden court appearance.
However, the prosecution opposed the application to defer plea on grounds that the charge before court was prepared in compliance with article 157 of the constitution.
The court also heard there is another case touching on the suspects before court on malicious damage to properties.
“Until the other files/complainants are consolidated or placed before us, then the ODPP is not in a position to address any other file other that what is before court,” the prosecutor Ms Mwangi said.
The magistrate ruled that the decision to charge a suspect lies with the Direcor of Public Prosecution.
According to the magistrate, since a file has to be forwaded to the DPP who then registers it the system as well as the judiciary case tracking system, this means that the DPP has seen the file and made decision to charge.
On the issue of their release on bond, the magistrate ruled that the offense of threatening to kill is serious and carries a heavy penalty.
The magistrate ordered a prebail report on the accused persons before granting them bond/bail.
The ruling on bail will be delivered on 30th March 2025. In the meantime, the two will be remanded at Parklands police station.