The suspect appeared before Senior Resident Magistrate Evans Keago but failed to take plea after the prosecution requested further 21 days before the suspect can take for the plea.
“There are some pending issues that need to be finalised by the Investigating Officer including postmortem and recording of statements.”
The court ordered the suspect be detained at Machakos Police Station for mental assessment and Covid-19 test pending plea on November 10, 2020, before the Judge.
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Addressing the media outside the court, South Eastern branch Law Society of Kenya (LSK) Chairman Justus Mutia said attempted murder charge had collapsed and the police officer will be charged with murder following the death of the advocate.
“We have confirmed to the court that our colleague has already fallen and therefore the charge of attempted murder has collapsed. The police officer will be charged with an offence of murder.” Mutia said.
Mutia said the deceased advocate’s postmortem will be conducted at the Kenyatta National Hospital mortuary today to establish the cause of death.
The lead counsel representing the deceased, the family and LSK Andrew Makundi said he will ensure that justice is done to the fallen colleague.
Masaku succumbed to injuries he sustained after being assaulted by the cop who was his friend.
The lawyer was receiving treatment at the Kenyatta National Hospital until October 18 when he passed on.
Masaku will be buried on Saturday at Ngonda in Kangundo, Machakos County.