• Investigating officer says lawyer Assa Nyakundi, suspected of shooting his son dead, cannot speak clearly.
• Lawyer says he accidentally shot his son while he was holstering his gun in his car outside their Muthaiga home after church.
Image: FILE
Police have been unable to record a statement from 'incoherent' hospitalised lawyer Assa Nyakundi who allegedly shot his son dead last month, a court was told yesterday.
Investigating officer Godfrey Munene said Nyakundi is still too unstable to write a statement. He said when he visited Nyakundi in Nairobi Hospital, he was incoherent and could not speak well.
"I visited the suspect and I can confirm that he is still sick and will need more time to see if I can record his statement," Munene said.
Nyakundi's lawyer Sam Nyaberi also told the court his client was still receiving treatment.
"My client is unwell as his condition keeps on fluctuating. His blood pressure is high and he needs to be in the hospital but I am willing to go with the investigating officer to the hospital to get Nyakundi's statement,” Nyaberi said.
Makadara senior principal magistrate Angelo Kithinji directed the officer to get the suspect's statement and return to court on April 15 to confirm it.
Nyakundi is believed to have killed his son Joseph Nyakundi who was buried on Tuesday at Lang’ata Cemetery.
On March 20, Munene was directed to serve Nyakundi with an application seeking to detain him for 14 days to conclude investigations into the killing.
However, the magistrate declined to grant the orders as the lawyer had not been served with the application. Nyakundi was admitted at Nairobi Hospital after the shooting on March 17 and remains hospitalised under guard.
"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.
He ordered that immediately Nyakundi is discharged from the hospital, he must appear in court.
In affidavits before the court, Munene said Nyakundi was arrested on March 17 and allegedly taken ill. He was temporarily released from custody and taken to Nairobi Hospital.
"The deceased is his 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 and normal life upon discharge from the hospital, he may interfere with the witnesses who have not recorded their statements," Munene told the court.
He said the suspect is a person of high standing in society and is likely to use his influence to interfere with ongoing investigations to his advantage.
The investigator said other exhibits including the motor vehicle, clothing, mobile phones and DNA samples have been sent to authorities but a report has not been received.
He said preliminary investigations indicate that Nyakundi is directly connected or otherwise involved with the death of his son in a car outside the family home. they returned to their Muthaiga home from church.
Nyakundi said he was trying to holster his firearm when he accidentally fired, shooting his son. The lawyer reported to police that day that he had mistakenly shot dead his son.
"The DCI's office is investigating the matter with a view of establishing the circumstances and facts of the shooting and death of the deceased, with a view of charging the suspect or any other person involved accordingly upon completion of relevant investigations," he told the court.
“Investigations into this matter are complex, time-consuming and involve several agencies and organisations, which require time before forwarding the same to the ODPP for perusal, hence, the request for custodial orders,” the court heard.
He requested the court to remand the suspect at Pangani police station once he is discharged.