Popular Kenyan deejay (DJ) Joe Mfalme is off the hook after the Director of Public Prosecutions recommended that he and his five other co-accused be used as state witnesses.

At the same time, the ODPP ordered that Allan Ochieng aka Hype Ballo be charged with the murder of DCI Felix Kitosi.

The police also closed a miscellaneous case file in which Joseph Mwenda Munoru, alias DJ Joe Mfalme, his three assistants and three police officers were being investigated for the murder of Mr Kitosi.

Three police officers are persons of interest in the alleged murder of a senior detective attached to the Directorate of Criminal Investigations (DCI), which came after a 14-day investigation by DCI Renson Mulele.

“The ODPP has further recommended that the 1st accused Allan Ochieng be charged with the murder of the late senior detective attached to DCI Dagoreti. The ODPP has recommended that Allan Ochieng should enter a plea at the Kiambu Law Court and be charged with murder,” the ODPP said.

The detective is said to have died in mysterious circumstances in Kikuyu, Kiambu County last month.

The three officers were arrested following the death of the DCI, who was attached to Dagoretti sub-county DCI.

The three officers, two men and a woman attached to the Traffic Department, were arrested following the officer’s death and detained at Riruta Police Station.

According to a police report, Kitosi died after being assaulted following a traffic accident. The report does not mention names or the circumstances of the assault.

“It was reported by one Reinhard Kintosi, the brother of the deceased, at about 1600 hrs today the 22nd of March 2024 that Inspector Felix Kelian Kitosi No.241451 of DCI Dagoretti died while undergoing treatment at Nairobi West Hospital.

“The deceased was involved in a non-injury road accident at Kikuyu market near Kikuyu police station on Saturday at about 0400 hrs. He had earlier complained of abdominal pains and was receiving treatment. Preliminary investigations reveal that he was assaulted by known persons following an altercation over the non-injury road accident (sic),’ the police report said.

The arrest of those linked to Kitosi’s death raised questions as to why police waited six days until the officer’s death before taking action against the four.

The entertainer and his team were performing at a busy Thika Road club last month when they were picked up by police officers in the night.

The altercation erupted after the late Kitosi scratched the DJ’s car as he left the car park.

The bouncers then confronted the policeman, pulled him out of the car and allegedly kicked and punched him.

They claim that the officer was later taken to Kikuyu police station where he was assaulted by police officers while in custody.

His health deteriorated and he was taken to Lang’ata Hospital before being transferred to Nairobi West Hospital, where he died.

In the report, the police stated that he was indeed involved in an accident in which he was assaulted. The report was filed by Reinhard, the deceased officer’s brother.

The management of the nightclub at the time said that the incident never took place on their premises and that they were not even aware that it had happened.

“I can assure you that the incident never took place in the club. Just follow the matter closely and you will know the truth. If it had happened here, we would have solved the problem,” the manager said at the time.