Suspects Chris Obure and Robert Ouko Bodo on Friday sought anticipatory bail in the case linking them to the murder of another businessman Kevin Omwenga .
They appeared before Kibera Magistrate Derrick Kuto to close the miscellaneous file that was opened last week.
Omwenga who was fatally shot in his apartment in Kilimani two weeks ago was laid to rest at his Kisii home last week.
Through their lawyer PLO Lumumba, the suspects sought anticipatory bail before they are taken to Milimani law courts for plea taking on Friday.
The need the anticipatory bail to allow them go home incase they are not charged.
Judge Kuto will deliver the ruling in an hour's time
Prosecutor Allan Mogere told the court that preliminary investigations established that Omwenga, 28, was killed in his bedroom with Obure's ceska pistol.
Obure is a licensed firearm holder while Bodo is not.
Police reports also show that the deceased was with brother Wycliffe Omwenga, 28, Bodo and two other men and a Tanzanian woman.
Wycliffe was the first to respond after he heard the sound of the gunfire and when he rushed to the bedroom he found his brother lying on his back with blood oozing from his chest.
As the suspects await ruling on their anticipatory bail, the office of the DPP has said that investigations are complete and the two will be charged with murder.