LAWYER NYAKUNDI DETAINED AT MUTHAIGA AS POLICE READY TO PREFER MURDER OR MANSLAUGHTER CHARGE AGAINST HIM.

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City lawyer Assa Nyakundi before Makandara Law Courts on Thursday April 25,2019.

BY SAM ALFAN.

The police are likely to prefer a charge of manslaughter against city lawyer Assa Nyakundi who is suspected to have shot dead his son.

Investigating Officer attached to Homicide at DCI headquarters Sergeant Oliver Nabonywe from DCI headquarters told Makandara Court magistrate that Nyakundi is likely to face murder , manslaughter charges or any other that director of public prosecution may recommend.

Nyakundi was presented before a Makadara court today and the police were allowed to detain overnight as they conclude investigations.

Nyakundi who was being represented by four lawyers and appeared for the first time in court is suspected of killing his son in Muthaiga last month.

Investigating officer Oliver Nabonywe told the court he took over the case from PC Joseph Munene from Starehe DCI.

” I rely on the affidavit by PC Munene and I want to confirm that we are through with investigations but since the responded was discharged from hospital Wednesday evening, I wish to request the court to detain him for one day to be able to process his contents”, the prosecution said.

Nabonywe requested the court to detain Nyakundi at Muthaiga police station to enable them prepare the contents of his case before being charged or as will be directed by the DPP.

“We have to interrogate him, take his finger prints and visit the scene of crime as Nyakundi is likely to face charges of murder, manslaughter or any other charge as directed by the DPP”, the court was told.

The prosecution asked court not to release the suspect on bond as there were compelling reasons for him to face a murder charge.

Defence lawyers Ken Nyaundi, Cliff Ombeta, Sam Nyaberi and another did not oppose the application by the prosecution but requested the police to complete their investigations as early as 12pm on Friday and bring Nyakundi back to court.

“Visiting the scenes of crime might take a couple of hours and taking finger prints cannot take long time. Let the matter be mentioned tomorrow at noon”, Lawyer Ken Nyaundi said on behalf of other lawyers.

He added that though Nyakundi had been released from the hospital, he was still under medical attention by his private doctor.

“Our client is still under medication as he needs to be under insuline treatment.
This is a painful personal problem to the suspect as he is still under intensive depression, battling high level of BP as well as he has a fluctuating diabetes”, he said.
He urged the court to admit the suspect to bail or bond.

He added that Nyakundi is an advocate and there was no reason why he can’t abide by court as required.

The prosecution however asked the court to consider their application bearing in mind that all persons are to be treated equally despite him being an officer of the court.

Chief magistrate Heston Nyaga in his ruling said the matter was of public interest and granted the prosecution the application.

“This is a matter of public interest however, the request by Investigating officer is allowed. Nyakundi will be detained at Muthaiga police station and police should make sure he gets access to his medication. For bond it’s pre mature to rule at this stage as the case will be mentioned today”, Nyaga ruled.

Nyakundi was discharged on Wednesday evening from Nairobi hospital where he has been for six weeks after falling sick during his arrest.

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