City lawyer Assa Nyakundi is set for another round of runnings with the law following latest revelations by DCI boss George Kinoti. According to Kinoti, the manslaughter charges prefered against Nyakundi following the shooting to death of his son are all made up.
Kinoti has revealed that if not for two DCI officials, Nyakundi would have been charged for murder. All is however not lost with Kinoti cracking the whip on the officers he has accused of distorting investigations into the case.
Inspector John Wahome and Sergeant Oliver Mabuone of the Directorate of Criminal Investigations have been interdicted for bungling investigations into the Murder case.
DCI boss George Kinoti yesterday said the detectives neither visited the scene of the shooting nor sought the opinion of ballistics experts before charging Nyakundi with manslaughter.
Kinoti said an inquiry had been launched on how the case was botched, including why he was by-passed in approval of the final investigation file that was taken to the Director of Public Prosecutions’ (DPP) office. The DCI said the oversight was intentional and aimed at defeating justice.
Sources say detectives will also consider other factors in the case, including claims of paternity and property issues, and a-yet-to-be-identified-person who may have been present when Nyakundi shot dead his son Joseph Bogonko on March 17.
Besides seeking to unravel what transpired, the DCI intends to investigate how the officers were compromised to charge the lawyer with manslaughter instead of murder.
A city lawyer who allegedly played a key role, behind the scenes, role to compromise the police and court officials is also under probe.
Nyakundi’s legal team comprises Cliff Ombeta, Sam Nyaberi, Ken Nyaundi, Charles Nyakwana and Ken Bosire.
Kinoti said that, while Nyakundi remains innocent until proven otherwise, the matter must be professionally investigated.
The scope of the probe has been widened to consider other issues that were not part of the initial probe, with the aim of establishing what led to the fatal shooting.
Sources said investigations had also been launched to establish why two DPP’s office officials concurred with the detectives based on an incomplete report.
Kinoti revealed that the suspect was charged before results of a blood tests were released. The deceased’s blood samples had been collected during autopsy to be compared to blood samples collected in the car in which he was shot.
The ballistic examination was to establish, among other things, whether the lawyer intentionally shot his son or the gun had discharged accidentally. According to sources, the report ruled out accidental discharge.
“We will be applying to have a murder charge because there is overwhelming evidence. From our findings, we are wondering what the officers based their decision to charge the suspect with manslaughter,”Said Kinoti. He said only the court should determine if the suspect killed his son by accident or intentionally.
Nyakundi, according to the investigations, gave conflicting accounts of what transpired regarding his movement, location of the shooting and the pistol.
He had said that as they approached their Muthaiga house, he stopped to change the position of his Glock pistol, from a pouch in the car to a holster, when it accidentally discharged hitting his son who was seated at the back.
But investigators said he had actually shot his son near Shell in Parklands, and not in Muthaiga. Another issue that raised the red flag was a Facebook post by Nyakundi’s other son, shortly after the fatal shooting.
Noah Onsomu termed the killing a “brutal cold-blooded murder” but edited the post after 20 minutes to read “Goodbye my one and only brother.” Onsumu and his mother are among those who have recorded statements with the police.