Police have applied to the court to hold Dickson Mararo for 14 days so as to complete investigations.
Mararo is the main suspect in a recent shooting incident at a popular entertainment joint in Nairobi that injured two police officers and a civilian.
He will spend the night at Gigiri police station pending a ruling on his bail application on Wednesday.
The Directorate of Public Prosecutions (DPP), through State Counsel Evelyne Onunga, told the court that two victims of the shooting have been discharged from the hospital.
They are Constable Lawrence Muturi who is attached to Kasarani police station, and Felistus Nzisa a waitress at the club.
The court however heard that police officer constable Festus Musyoka attached to Starehe police station is still in Nairobi hospital undergoing treatment.
In a miscellaneous report filed before the court, the police are seeking more time to allow the victims to identify the businessman through an identification parade at the Gigiri police station.
Investigating officer Geoffrey Ndatho said he is probing an attempted murder case, adding that Mr Mararo is yet to be processed for fingerprints.
The court was told that the 14 days will enable police to record statements, retrieve CCTV footages and prepare a cyber-forensic report.
They are also seeking to obtain a report from ballistic examiners, medical reports of the victims and conduct an identification parade for the victims to identify the suspect.
“The officer is yet to retrieve the CCTV footage for a cyber forensic report, record statement from crucial witnesses, obtain a medical report of the victims, and obtain a report from Ballistic examiners,” swore Ndatho.
Further victims have not yet recorded their statements since they have been in hospital.
The court also heard from Makueni MP Dan Maanzo representing the victims that constable Musyoka has not woken up since the operation he underwent at Nairobi Hospital.
“The status of his health is not certain at this time. This morning he had not woken up. The charges of attempted murder are serious, and it is of importance that the suspect is detained to allow the prosecution time to get the correct position,” Maanzo said.
Further, he added that after the incident, the suspect went into hiding and only resurfaced on Monday.
“That after the said shooting the suspect ran away from the scene and had been hiding until yesterday and never reported to any station as required for every licensed firearm holder, ” the court was told.
However, Lawyer Cliff Ombeta who is representing the accused said that the police had no compelling reason to hold his client.
“The investigating officer needs to inform the court when they say he ran away at the crime scene, yet he presented himself at the police. Everything was done on Monday in my presence, including taking figure prints,” Ombetta argued.