A court has allowed DPP Noordin Haji to withdraw a manslaughter charge against lawyer Assa Nyakundi who “accidentally” shot dead his son, Joseph Bogonko on March 17.
Haji has been given time to review the case files before making the final decision.
This comes after the DCI George Kinoti and Haji recalled investigation files and interdicted investigating officer John Wahome and other officers who had the city advocate charged with manslaughter.
DCI Kinoti has wondered why the hurry to conclude the matter without the necessary information.
“I don’t know why there was a rush to conclude that it was manslaughter before all these reports had been filed. Anyone who is found culpable in this cover-up will face the law,” he said.
On the list of witnesses are Nyakundi’s wife, Lydia Kunga and his son Noah Onsomu.
Ms Kunga according to a police report has described her husband as a “temperamental” individual, sometimes at least.
Noah, who apparently did not visit his father while he was admitted at the Nairobi Hospital for close to two months, in his statement said that there was “an issue” between the deceased and their father.
The lawyer had accused his son of breaking the headlights of his Lexus while drunk.
But when the deceased was contacted, he denied driving the motor vehicle under the influence.
Inspector Wahome had recommended that the advocate be charged with manslaughter because he had been “negligent in handling his firearm.”
Police are also investigating a drink found in the door pocket on the driver’s seat in the suspect’s Toyota Axio.
According to the police, witnesses have made no mention of the mystery drink whose contents they are yet to determine.
Authorities are also seeking to determine the source of vomit found on the floor of the car which was apparently left out in the previous police reports.
“Nobody has mentioned these in the statements, and we are waiting for the Government Chemist to give us a report. It will help us unravel the motive behind the killing,” a senior detective is quoted by the Nation.