Director of Criminal Investigation George Kinoti is investigating conspiracy to defeat justice against the wife of lawyer Assa Nyakundi, who is accused of shooting his son dead.
This is after Lydia Kunga Nyakundi filed a petition challenging DPP’s move to withdraw manslaughter charge against Nyakundi. She has protested against the decision saying she was not consulted as a victim.
In the response to the petition, Corporal Reuben Mwaniki attached to DCI headquarters told the court that the crime scene reconstruction report , ballistic report and accused persons statements clearly demonstrate the bullet trajectory and details a scenario which requires further analysis for an appropriate decision.
“I believe that the decision to review the charges constitutionally placed upon Director of Public Prosecution Noordin Haji and Lydia Kunga Nyakundi is a prosecution witness is not objective to determine when and how charges should be reviewed,” said Cpl Mwaniki.
He added that the Lydia being wife to the accused person and the mother of deceased is a competent and compellable witness under the Evidence Act and DPP has not infringed on her right during the period of the investigation. He said the DPP has no intention of doing so.
The detective in his affidavit told the court several that prosecution witnesses have recorded their statement including Noah Onsumu Nyakundi an advocate and brother to the deceased, Titus Ogamba Nyakundi, an uncle to the deceased and who are also victims.
He dismissed the petition and the application saying it has no legal or factual basis.
DCI and DPP said that the substratum of the petition is premised on media, innuendo, conjecture, rumours, suspicion which are not attributed to them at all and which cannot be the basis for grant of any of the orders she has sought.
They said the lawyer’s wife has failed to demonstrate how the DPP and DCI have breached or threatened to breach her rights and that she is only inviting the court to unjustly interfere with and usurp the constitutional powers.
He said application should be dismissed with costs and the criminal trial against Nyakundi allowed to proceed to its logical conclusion.
“The orders sought for a declaration that there was selective omission to investigate is not supported by evidence,” he said.
The DPP told the court there is no live grievance between lawyer’s wife and DCI for calling for intervention of the court.
Through Senior Prosecutor Henry Kinyanjui, prosecution told the court the notice of motion does not disclose a prima facie case to warrant issuance of the orders sought.
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