DCI Kinoti interdicts two detectives for alleged bungling of lawyer Nyakundi’s probe
By Cyrus Ombati
| May 1st 2019
Two detectives attached to the homicide unit within the Directorate of Criminal Investigations have been interdicted over claims they bungled the probe into the killing of Nairobi lawyer Assa Nyakundi’s son.
DCI boss George Kinoti said the officers had worked with other players in the case to “cover up” the probe for the lawyer.
Other officers say the lawyer should have been charged with murder and not manslaughter.
Nyakundi has since been charged with manslaughter and is out on a cash bail of Sh300, 000 and a Sh1million surety.
Yesterday, Kinoti said the latest move is aimed at reviewing all details into the case and make another decision if and when necessary.
“There is a different opinion to the effect that the lawyer should have faced more serious charges and that is why we have recalled the file for further action,” he said.
He claimed he was not fully briefed about the progress of the probe.
“We will apply to have a murder charge on him because there is overwhelming evidence and it is the court to determine if it should be manslaughter or not once we file a murder charge,” Kinoti said.
The affected officers are seasoned ones and have handled past serious crimes. They may face charges of conspiring to defeat justice if and when they are found culpable.
They had worked with prosecutors from the Office of the Directorate of Public Prosecution to arrive at the conclusion. This came even as their colleagues termed the move ill and argued the trial magistrate can elevate the charge to murder if proper evidence is placed before him and there is a believe there was aforethought to commit the crime.
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 dead his last born son Joseph Bogonko 29, on March 17 near his Muthaiga home in what he claimed was an accidental shooting.
His wife and son have agreed to testify against him in the case. He had denied the claims of murder saying he never planned to kill him.
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.
Nyakundi’s lawyer Sam Nyaberi had told court his client was still under medical attention at the hospital.
DCI boss Kinoti interdicts two detectives over claims of bungling probe into killing of Nairobi lawyer Assa Nyakundi’s son.
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