Here’s Why Lawyer Nyakundi could be a threat to witnesses

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City Lawyer Assa Nyakundi, was admitted to Nairobi Hospital on March 18 a day after he allegedly shot his son dead in Muthaiga area, Nairobi. He has been in hospital since then under police guard.

With his son buried at Langata Cemetery on Tuesday, it was expected that Nyakundi would appear in court on Wednesday but detectives and his lawyer told the court he was still unwell and was not in a position to record his statement.

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The court has directed police to record a statement from Nyakundi of the said accusations. Makadara senior principal magistrate Angelo Kithinji on Wednesday directed investigating officer constable Godfrey Munene to record the statement and report back to court on April 15.

The magistrate also ordered that Nyakundi be charged immediately he is discharged from hospital.  “I visited the suspect at Nairobi Hospital and I can confirm that he is still sick and will need more time to see if I can record his statement”, Munene told court.

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Nyakundi’s lawyer Sam Nyaberi told court he was willing to accompany the investigating officer to hospital to record the statement. Under the law, detectives are supposed to record a statement under inquiry.

Nyakundi, who is accused of fatally shooting his son, Joseph Nyakundi, has maintained that it was an accidental discharge as he was trying to holster his pistol. On March 20, Munene was directed to serve Nyakundi with an application seeking to detain him for 14 days.

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Munene had requested for 14 days to conclude investigations into the killing but the magistrate declined.  “The court cannot give orders for detention in the absence of the suspect.

He needs to be served with the application so that he is made aware of it,” the magistrate ruled. The investigating officer has objected to bail in case he is discharged from the hospital.

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In the affidavits before the court, Munene says the deceased was Nyakundi’s biological son and family members including his household employees are potential witnesses.  

“We are apprehensive that if the suspect is released back to his home, he may interfere with the witnesses who have not recorded their statements,” Munene told court.

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