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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.

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

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

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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Austrian tourist’s binge turns tragic in Mtwapa

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Just after midnight on September 4, Armin Roger Roeseler left Indiana Hotel with his friend Dietmar Markus and headed to Casuarina Club in Mtwapa, Kilifi County.

At the club, two women identified as Everylne Chengetich and Lydia Nyaboke joined Mr Roeseler — who was visiting Kenya for the first time — and his host Markus.

As the partying progressed, Mr Roeseler, a body builder, allegedly inquired from the women where he would get cocaine.

“They had little knowledge of where they could get the drug and requested for help from a taxi driver who volunteered to guide the foreigners,” states a police report.

Mr Roeseler, 47, gave the taxi driver Sh10,000 to fetch the drug. He reportedly injected himself in the arm with the substance and went on drinking at the club.

Police records show he began feeling sick and made several trips to the toilet. As things got worse, Markus advised him to return to their hotel. “He refused and went on partying until 4am when his condition worsened,” reads the police report.

Shortly afterwards, he lost consciousness. Bouncers rushed him to the nearby Jambo Jipya Medical Clinic, where he was referred to Jocham Hospital in Mombasa.

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

He was pronounced dead on arrival. An autopsy revealed that his death was caused by a drug overdose. The two women were arrested, recorded statements and charged at Shanzu Law Court with the murder of Mr Roeseler.

On Monday the women appeared before Shanzu Senior Resident Magistrate David Odhiambo but did not take plea.

State Counsel Rosemary Nandi said they were reviewing the file before making a decision on charges they may prefer against them. “The file has not been brought to court because the ODPP is still reviewing the evidence gathered before a decision is made on the fate of the suspects. We ask for more time to avail the file,” Ms Nandi said. Sources privy to the investigations said the two might be discharged because the postmortem report indicated that Mr Roeseler died of a cocaine overdose.

Prepared by Jocham Hospital, the postmortem report shows the drug affected his nervous system.

But, while asking for more time to detain the suspects, investigating officer Sammy Oyaro said Mr Roeseler might have been drugged.

“I am yet to record statements from all witnesses,” said the officer.

The court directed that they remain in custody for two more days.

They were detained at Mtwapa Police Station as investigations continue.

READ ALSO:   City lawyer: Take it from me, I’m going nowhere

The body of the deceased was cremated in Nairobi on September 6, after his family — based in Austria — gave the consulate the green light to do so.

Police said Mr Roeseler had been in Kenya for barely three weeks. He was invited by Markus, who once lived in Diani, Kwale County, before moving to Mtwapa.

Cases of revellers being drugged are rampant in Mtwapa, the ‘village that never sleeps’, due to its vibrant night life. It has hundreds of clubs that attract tourists from Germany, Italy, Austria and Switzerland.

BY nation.co.ke

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Increasing suicide cases shake Kirinyaga

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Three people died by suicide in Kirinyaga County on Tuesday, raising concerns among national government officials.

The body of 34-year-old Stephen Kinyua was found hanging from a tree in Kiaragana village while that of John Maina was found inside a house in Riakiania.

At Thumaita village, residents were shocked when they stumbled upon Peter Kinyua’s body hanging from a tree.

They reported the matter at Kianyaga Police Station.

The three, from different villages, did not leave suicide notes to explain their actions.

Their bodies were taken to Kerugoya Referral Hospital mortuary.

Ndia Deputy County Commissioner Mr Moses Ivuto said cases of suicide were on the rise in the region.

“They are reported on daily basis. We are concerned,” Mr Ivuto said, citing domestic feuds and drug abuse.

“When men quarrel with their spouses and abuse drugs, they kill themselves.”

He called on local church leaders to intervene.

“Church leaders should embark on aggressive counselling of residents, men in particular, so that we do not continue losing more lives this way,” he said.

By nation.co.ke

READ ALSO:   Split in family as lawyer’s son buried quietly at city cemetery
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US cancer survivor swims across English Channel

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An American breast cancer survivor on Tuesday became the first person to swim across the English Channel four times non-stop in a 54-hour feat of endurance.

Sarah Thomas, 37, an open water marathon swimmer from the US state of Colorado, could be seen in a video posted on Facebook arriving at Dover on the southern English coast with a group of supporters cheering her on.

“I feel a little sick,” she is heard saying following the herculean effort, which reportedly saw her cover close to 130 miles (209 kilometres) due to strong tides.

Only four swimmers have previously completed the approximately 21-mile Channel crossing between Britain and France three times without stopping.

“I just can’t believe we did it,” Thomas told the BBC.

“I’m really just pretty numb. There was a lot of people on the beach to meet me and wish me well and it was really nice of them, but I feel just mostly stunned.”

Thomas said the hardest part was dealing with the salt water, which left her throat and mouth sore, while she also got stung in the face by a jellyfish.

The athlete relied on a protein recovery drink mixed with electrolytes and caffeine – which was tied to a rope and thrown to her every 30 minutes – to complete the feat, according to her mother.

READ ALSO:   Top city lawyer arrested for "accidentally" shooting dead his 29-year-old son

Endurance swimmer Lewis Pugh wrote on Twitter that her achievement was “extraordinary, amazing, super-human”.

“Just when we think we’ve reached the limit of human endurance, someone shatters the records,” he wrote.

In a post on Saturday before setting off, Thomas wrote: “This swim is dedicated to all the survivors out there.

“This is for those of us who have prayed for our lives, who have wondered with despair about what comes next, and have battled through pain and fear to overcome,” she wrote.

The marathon swimmer received the cancer diagnosis four months after an unprecedented August 2017 non-stop solo swim of 104.6 miles in Lake Champlain on the US-Canada border.

She underwent treatment for the aggressive form of breast cancer – which had already begun spreading to the lymph nodes under one of her arms – in the summer of 2018, according to a fundraising website for a documentary about her achievements.

“I was at the peak of my athletic accomplishments… and then I got diagnosed with cancer,” Thomas said in a video posted on the Kickstarter website.

“It’s part of who I am now, part of my story. I just hope it never comes back but if it does, to know that I did everything I wanted to do in life.”

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

In the video Thomas, who finished her first open-water event in 2007 and had previously made two Channel swims in 2012 and 2016, said swimming across the Dover Strait had been a lifelong dream and “just as hard as climbing Mount Everest”.

“When you’re a kid you just dream of swimming the English Channel.”

By nation.co.ke

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