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DCI Kinoti interdicts 2 officers for bungling lawyer Nyakundi case

Kinoti said Nyakundi should have been charged with murder not manslaughter.

NAIROBI, Kenya May 1 – Two DCI officers have been interdicted over the cover-up in lawyer Assa Nyakundi’s case, in which he was charged with manslaughter instead of murder for shooting his son to death.

DCI boss George Kinoti told Capital FM News that an inquiry has been opened on how the case was bungled, and has confirmed that he was by-passed in approval of the final investigation file that was taken to the Director of Public Prosecutions Noordin Haji’s office.

“We were not briefed on the final investigation file that was eventually taken to court,” Kinoti said, “there is manipulation involved and that is why I have interdicted the two officers, they must face charges for bungling this case.”

Nyakundi was charged with manslaughter last week at a Kiambu Court, after staying in hospital for nearly two months after arrest over his son’s killing. He is accused of shooting Joseph Bogonko—his last born—to death in what he claimed was an accidental shooting, but his wife and son disagrees and have offered to testify against him.

“We will be applying to have a murder charge on him because there is overwhelming evidence,” Kinoti said, “it is the court to determine if it should be manslaughter or not once we file a murder charge.”

Kinoti said he is personally undertaking a fresh investigation, with the aim of charging the lawyer afresh. “I have taken over the case and I personally on it.”

On denying a manslaughter charge, Nyakundi was released on a Sh 300,000 cash bail with an alternative of Sh 1 million surety bond.

Nyakundi was initially accused of murdering his son under unclear circumstances last month but the prosecution opted to prefer a manslaughter charge which under Section 205 of the Penal Code attracts life imprisonment upon conviction.

The city lawyer had been admitted to hospital with police telling the court during previous appearances that he was not in a stable condition to allow statement recording.

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During an appearance on April 3, almost three weeks after the incident, investigators told the court Nyakundi was yet to record a statement.

“I visited the suspect at Nairobi Hospital, and I can confirm that he is still sick and will need more time to see if I can record his statement,” police officer Godfrey Munene said at the time.

Nyakundi’s lawyer Sam Nyaberi had told court his client was still under medical attention at the hospital.

“My client is unwell as his condition keeps on fluctuating. His blood pressure is high and needs to be in the hospital,” Nyaberi said offering to accompany the investigating officer to the hospital to get Nyakundi’s statement.

According to an affidavit filed in court by the prosecution, Nyakundi was arrested on March 17 after which he was taken ill warranting admission to hospital.

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