Rahiel Daud and Hitesh Motwani before the Kibera magistrate court on Friday

A Kibera magistrate court will on Monday rule whether two men charged with threatening to kill a city tycoon will be released on bond.

Rahiel Daud and Hitesh Motwani, alias Vicky, were on Friday arraigned before Kibera senior principal magistrate Zainab Abdul where they were charged with threatening to kill Arya Anuj and causing him bodily harm.

They denied charges but were detained until Monday pending a ruling on their bond request.

The charge sheet shows the offence was committed on Wednesday at Taal Club in Westlands, Nairobi. 

"You uttered to Arya Anuj words to the effect that you would kill him, which words were a direct threat that you would kill him," the charge sheet states.

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In the second count, the two businessmen were charged with assaulting Arya and causing him bodily harm.

They denied the charges and pleaded to be released on lenient bond terms, assuring the court they would comply with any terms and conditions the court deemed fit.

“We pray for the release of the accused persons on lenient cash bail since they are not a flight risk,” their lawyer said.

While the prosecution did not oppose the release of the accused persons on bond, it urged the court to consider the seriousness of the first count of threatening to kill.

The state counsel asked the court to wait for a probation report before granting bond. The state also asked that the accused deposit their passports in court to ensure they do not leave the jurisdiction of the court.

The magistrate directed that the accused be detained at Parklands police station until Monday March 30, 2026, awaiting the pre-bail report to determine the issue of bond.

The defence had earlier sought to have the plea-taking deferred, claiming the accused persons had been forced to record their statements behind a building at Capital Hill police station. The lawyer said the Director of Public Prosecutions ought to review the file.

The court, however, dismissed the objection, holding that charge sheets presented in courts are often from the Office of the DPP where it is drafted after reviewing the file from investigators.