The Directorate of Criminal Investigations (DCI) has closed a miscellaneous file against nine people who were detained for five days over the assault and death of Brian Mwendo.

According to court papers, Mwendo was assaulted at Somer Club in Nairobi CBD on April 4, 2026, at about 0300 hours and later succumbed to injuries at the Kenyatta National Hospital.

The court detained Maxwel Mwanzi, Esther Wanjiru, Sheril Okello, Jedida Kamau, Grace Mutheu, Rosmary Wambui, Marry Muhonjia, Monica Wanjiku and Catherine Mutheu pending investigations.

Appearing before Milimani Senior Resident Irene Thamara on Monday, April 20, 2026, the prosecution informed the court the DCI wanted to close the file against the nine.

No evidence

The prosecution told the court that the DCI has not established any evidence linking the nine to the assault and death of Mwendo; thus, they cannot lodge any charges against them.

“Your honour, the DCI did not find any evidence to charge any respondents in court; we pray the matter be marked as closed,” the prosecution submitted to court.

Further, the prosecution told the court that the main suspect, only known as Bouncer Momanyi, has not yet been apprehended.

Meanwhile, the defence lawyer requested of the court that upon closing of the file, the DCI be compelled to return phones that were confiscated from the nine respondents.

The defence further urged the court to order the opening of the club, which was closed by police due to the investigations that were ongoing.

In response, the prosecution stated that since the DCI has completed investigations, the items confiscated from the respondents shall be released back to them.

Magistrate Thamara closed the file and directed the confiscated items from the respondents be returned to them.

According to court papers, the nine were arrested on April 10, 2026, in connection with investigations into a murder incident reported at the Central Police Station.

The DCI noted that the preliminary investigations confirmed that the deceased was assaulted by a bouncer known as Momanyi, who used a blunt object, causing fatal injuries.

The deceased later succumbed to injuries while receiving treatment at KNH.

DCI stated that the arrest of the nine came because they were present at the scene at the material time and are believed to have witnessed the incident and events thereafter.

However, the DCI noted that some respondents had earlier failed to cooperate with investigators, thereby delaying investigations.

In addition, the investigating officer in the matter told the court that the management of Somer Club had not been cooperative, raising the likelihood of interference with witnesses.