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How investigators attempted to cover up lawyer Nyakundi in son’s murder case

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In a dramatic twist to one of the most riveting crime investigations in recent Kenyan history, Director of Criminal Investigations (DCI) George Kinoti has disowned a manslaughter charge against top city lawyer Assa Nyakundi, interdicted senior investigating officers, and ordered a public inquiry into what he calls a “major cover-up”.

The inquiry has the potential of opening a Pandora ’s Box on how crooked police officers intentionally bungle cases by providing sloppy evidence and freeing suspects.

At the heart of the inquiry will be two police officers thought to have attempted to bungle the case and senior officers at the Office of Public Prosecutions who filed a weak manslaughter charge before they even got the ballistics evidence and a post-mortem report.

“Once we finish the inquiry and they are found culpable, we will charge them with conspiracy to defeat justice,” Mr Kinoti said.

Mr Nyakundi is accused of killing his last-born son, Joseph Bogonko, on March 17 this year in mysterious circumstances.

After a six-week sojourn at Nairobi Hospital “due to high blood pressure”, he was finally charged with manslaughter in a Kiambu court last week.

The court then freed him on a Sh1 million bond with a surety of a similar amount, or an alternative cash bail of Sh300,000.

He then moved from his Muthaiga North house, where he lived with his family, to stay alone at Aden Valley Apartments in Nairobi after a fallout within the family over the murder.

READ ALSO:   Split in family as lawyer’s son buried quietly at city cemetery

So bad has been the fallout that Mr Nyakundi’s wife Lydia Kunga and eldest son Noah Onsomu have been listed among key witnesses in the case.

FAMILY FALLOUT

They also decided to bury Bogonko at the Lang’ata cemetery in Nairobi rather than Mr Nyakundi’s rural home as dictated by Abagusii customs. Mr Nyakundi skipped the emotional ceremony.

Police records indicate that a fist-fight almost occurred at the Aga Khan Hospital on the day the deceased’s body was taken there.

Relatives allegedly attempted to attack the lawyer and he “escaped towards the main gate”, where he was apprehended by onlookers and handed over to the police.

But it was police failure to arraign him for over six weeks that caught the public attention.

Mr Nyakundi spent time at the city hospital after he told police that he was suffering from high blood pressure and was diabetic.

Director of Public Prosecutions Noordin Haji and Mr Kinoti are said to have been embarrassed by the manslaughter charge and want to recall the charge sheet. The hearing had been set for June 20.

“This is one of those cases I was not briefed at all by my officers,” said Mr Kinoti on Tuesday. “I only heard of the manslaughter charge from the media. Even the DPP was horrified.”

The file in the Kiambu court does not include scene of crime photographs, a scene of crime analysis report, and a ballistics report, which Mr Kinoti says were “intentionally” left out.

READ ALSO:   Nyakundi's son: Wife now wants husband set free over son’s killing

“We took somebody to court and charged him with no investigations reports at all,” said Mr Kinoti.

WITHDRAW CASE

Mr Haji on Tuesday confirmed the intention to withdraw the case.

Police have reconstructed the last days of the deceased and are hoping to unravel what happened after Bogonko, 29, and his father left International Christian Centre on Mombasa Road.

On that day, Mr Nyakundi, his wife and Bogonko had left their Muthaiga North house in a Toyota Axio, which was driven by Bogonko.

Witness statements say that Mr Nyakundi then placed his pistol, loaded with 14 bullets, under the co-driver’s seat since he could not be allowed into the church while armed.

Surveillance footage from the church shows that after Bogonko dropped his parents, he went to look for parking.

The church service ended at 12.10pm and Ms Kunga called her son to bring the car.

But Ms Kunga, being an usher in church, was requested by two friends to accompany them to Mater Hospital to visit a sick child.

The son allowed the father to drive and he took the back seat, unaware that his mother was not going back home with them.

Cameras along Uhuru Highway capture Mr Nyakundi driving towards Museum Hill.

FATAL SHOOTING 

Mr Nyakundi later told the police that as they approached Muthaiga North Road, and a few meters from their home, he stretched his left hand to reach for his firearm but in the process “the firearm holster got stuck”.

READ ALSO:   ‘I’ve lost everything’: Lawyer in son’s fatal shooting speaks out

He still managed to pull out the firearm without the holster, he said.

He claimed that it then discharged a single bullet, a version that senior detectives and ballistic experts have dismissed in a report set to be filed in court.

Shortly after he shot his son, Mr Nyakundi called his wife and said “there has been an incident with Bogonko and his gun went off”.

Nurses at the hospital say that Bogonko was dead by the time he was taken to the hospital and was categorised as a medical legal incident which required police attention.

By this time, Mr Nyakundi had left the casualty area and was sitting on concrete slabs at the parking yard of Aga Khan University Hospital.

When asked by the hospital security if he was armed, “he gave out three conflicting statements, uttering that he might have thrown it somewhere on the way, or might be somewhere in the car or in the house,” according to police records.

A day before he died, Bogonko had apparently collided with his father after he bumped into another car on Thika Road with his father’s Toyota Lexus.

Mr Nyakundi is presumed to be innocent and has so far not been convicted of any offence.

source:nation.co.ke

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Sisters dumped in hospital 26 years ago now hunt for their family – PHOTOS

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Two sisters have launched a search for their family after being abandoned in a hospital 26 years ago while aged three and four respectively.

Thirty-year-old Serah Muthoni and her sister Emma Wamuyu, 29, claim they were dumped at a Nyahururu hospital in 1993.

Serah says they stayed at the hospital for a while before being moved to Kabete Children’s Home.

In between, they moved orphanages until they were 18.

“Am appealing to anyone who may have information of the whereabouts of our parents or even relatives to to help me trace them.My sister and I are doing well in life.We were taken to school by the church and we are all working and financially independent,” she wrote.

Serah Muthoni. PHOTO | COURTESY

Serah now wants the public to assist them trace their family.

“Even if it’s a distant cousin, am sure someone knows something about us,” she said.

Nairobi News contacted the Kabete Children’s Home and its former administrator Ms Florence Makau. She confirmed that the sisters lived at the facility but later moved out.

“They stayed at the home at some point and they are known,” she said, adding that the two were hardworking and always willing to explore new ideas.

PHOTO | COURTESY

Serah assured the long lost family that they are now working and financially stable.

READ ALSO:   Split in family as lawyer’s son buried quietly at city cemetery

“Am appealing to anyone who may have information of the whereabouts of our parents or even relatives to help me trace them. My sister and I are doing well in life,” she said.

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Died abroad: The Kenyans who never came back

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Norah Borus, a 2013 KCSE top performer was last week found dead at her on-campus residence in the US. Her death was confirmed by Stanford University Vice Provost of Student Affairs Susie Brubaker-Cole who wrote in an email: “Neither the cause of death nor the student’s identity have been publicly released, but police say there is “no ongoing safety threat to the campus community.”Norah sat her 2013 KCSE at Precious Blood Secondary School, Riruta to emerge the best girl in Nairobi County.

NORAH

She then joined Stanford University to pursue an engineering course. At the time of her death, Stanford University was celebrating commencement weekend.According to The Mercury News website online, this was the fourth student death reported since last February.News of her death increases the worrying trend of Kenyans who have been found dead overseas.

Cheruiyot who was found dead at Osborne Park, Australia.

LEFT: The cars linked to the murder. RIGHT: The deceased Jelagat Cheruiyot


On May 30, 2019, police found a 34-year-old Kenyan woman dead at her apartment in Osbourne Park, Australia, days after her family reported her missing.Jelagat Cheruiyot also known as Nancy was found dead when police went to conduct a welfare check.It was reported that due to the nature of her injuries, police declared it a homicide and kicked off an investigation.To date, police are yet to make arrests leading to her death. Daily Nationreported that they were in pursuit of a man who was spotted driving two cars linked to her murder.Jelagat hailed from Cheptiret in Uasin Gishu County.

Moses Maima, who allegedly committed suicide in Chicago, US.

Moses Maima, 50, is reported to have committed suicide in Chicago, US in March this year.He was cremated so quick, all while the family waited for the body to be brought home for a proper burial.Back home, Maima’s younger brother Phillip Miyare told The Standard in an interview, “The explanation on how he died is suspicious. We need to know what happened.” Maima moved to the US in the 1990s and had three children.

Kenyan musician Mercy Muthui

Mercy Wanjiku Muthui, the 32-year-old Kenyan musician, with her husband Daniel Erhardt. PHOTO | COURTESY

Again in February this year, 32-year-old Kenyan musician Mercy Wanjiku Muthui was found dead in a ditch near her home in the Netherlands. Her family suspected foul play. Police detained but released her husband Daniel Erhardt who had reported her missing moments before her death.

Margaret Nganga The script re-writes itself in another incident in May 2018.Margaret Nganga was found dead in her car at a parking lot, a day after she left her house for work.She worked at the Northside Hospital in Atlanta, Georgia.Her family said she did not show any signs of illness and was in high spirits on the day she left home.


Henry Okong’o and wife, Kenyan couple found dead in New Jersey.

Henry Okong’o and wife Lydiah March 2018, Kenyans in New Jersey, USA, woke up to the news of Kenyan couple that was found dead in their home.The bodies of Henry Okong’o and his wife Lydiah were found in separate rooms of their home with gunshot wounds.Neighbours suspected the deaths could have been as a result of domestic violence.The couple left behind three children.

 

Source:Standard.co.ke

READ ALSO:   City lawyer: Take it from me, I’m going nowhere
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Uhuru’s sister sues city businessman over Sh3m soft loan

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President Uhuru Kenyatta’s elder sister has returned a former captain of Karen Country Club, Richard Thande, to court for failing to repay a Sh3 million debt.

Kristina Pratt, in papers filed at the Milimani Commercial Courts in Nairobi, says Mr Thande has once again breached a repayment deal reached last September, prompting the latest court action and appointment of Moran Auctioneers to pursue the debt.

Mr Thande, however, protested the suit, urging the court to dismiss it terming.

“The defendant will raise a preliminary objection that the entire suit should be struck out on the grounds that it time-barred,” he said.

Mr Thande is hinging his objection on the Limitation of Actions Act, which demands that a contractual dispute be brought to court within six years.

The businessman owed Ms Pratt a soft loan of Sh5 million. Last September, he paid Sh2 million and promised to stagger the remaining Sh3 million within six months.

Ms Pratt, through her lawyer Eddy Orinda, said Mr Thande had breached the repayments terms.

REPAYMENT DEAL

Mr Kenyatta’s kin first went to court last year after the businessman failed to honour a repayment deal reached on November 2011 that directed the businessman to make monthly payments of Sh20,000 to clear the debt.

READ ALSO:   Brother to city lawyer who fatally shot son speaks

“The plaintiff (Ms Pratt) avers that the defendant (Mr Thande) has since entering the agreements only paid a sum of Sh20,000,” says Ms Pratt in September court documents.

“The plaintiff further avers that despite numerous requests and demands in the month of June 2018 to the defendant to refund the remaining sum of Sh4,980,000, the defendant has declined to settle the same.”

The monthly repayment of Sh20,000 meant Mr Thande would have taken 250 months or 20 years to clear the debt on the assumption it was lent interest-free.

Ms Pratt, 68, wants the court to compel Mr Thande to shoulder the costs of the suit.

Court documents did not reveal the dealings between Mrs Pratt and Mr Thande.

Ms Pratt chairs the National Fund for the Disabled of Kenya since 2002 when former President Daniel arap Moi appointed her to the position.

Source:nairobinews

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