Businessman Chris Obure and Robert Ouko Bodo on Friday sought anticipatory bail in the case linking them to the murder of car dealer Kevin Omwenga in his Galana Suites apartment two weeks ago.
They were presented before Kibera Magistrate Derrick Kuto to close the miscellaneous file that had been opened last week.
Omwenga was laid to rest at his Kisii home last week.
The suspects' lawyers sought anticipatory bail before the two were taken to Milimani law courts in case they are not be able to take plea on Friday.
Lawyer PLO Lumumba for Obure told Magistrate Kuto anticipatory bail was needed so that they can go home if they will not charged.
Kuto will deliver the ruling in an hour's time
Prosecutor Allan Mogere had previously told the court that preliminary investigations showed that Omwenga, 28, was shot in his bedroom with a firearm belonging to Obure.
At the time of the shooting, the victim was in the company of his brother Wycliffe Omwenga, 28, Bodo and two other men and a woman, according to police reports.
Wycliffe, who was first to respond to the sound of gunfire, found his brother lying on his back with blood oozing from his chest.
He was rushed to Nairobi Women's Hospital Adams branch where he was pronounced dead on arrival, a police report filed at Kilimani police station indicates.
CCTV footage showed Omwenga leaving the apartment at 9.39pm and returning an hour later with a woman, Bodo following him a few moments later.
Obure is a licensed firearm holder while Bodo is not.