Outgoing Director of Public Prosecutions, Noordin Haji, while requesting an inquest into the death of the interior designer, Jeff Mwathi, asked the detectives to look into the statements recorded by CCTV installers at the apartment where Lawrence Njuguna alias DJ Fatxo resided.
According to Haji, in the report signed by his assistant, Gikui Gichuhi, released on Tuesday, May 9, stated that the only outstanding issue in the case was the certification and recording of statements by the company's technicians that installed the CCTV.
Haji recommended the technicians record a statement as regards their installation, maintenance, and configurations.
"At this point in time the information in the file does not meet the threshold for a murder charge as malice aforethought has not been established.
"In addition, the death has not been attributed to an unlawful act or omission linking any individual or whether there exists a nexus between any such unlawful acts and omissions and the said death," Haji explained.
The Office of the Director of Public Prosecutions thus directed the matter be handled via inquest to be filled within 14 days at the Chiefs Magistrates Court-Milimani Nairobi.
"This will provide a platform for the participation of all individuals with pertinent information regarding this matter," Haji's office explained.
Haji also recalled six outcomes of the investigations conducted by the Directorate of Criminal Investigation.
1. Mwathi's Postmortem reports, as filed, indicate that the body had a fractured limb, a broken skull with brain matter missing, and that the cause of death was a haemorrhage secondary to blunt force trauma, consistent with a high-velocity fall.
2. The CCTV footage showed Lawrence Njuguna (DJ Fatxo) leaving the apartments at 05:02 am in the company of the three ladies, ostensibly to drop them at their home in Roysambu, and he only came back to the apartment at 09:05 am when the security guards briefed him on the incident.
3. CCTV footage showed that the deceased's body hit the ground and bounced off the ground due to gravitational pull owing to the height of the fall, and his phone got out of his right hand immediately after he hit the ground. The same was captured at 05:47 am by CCTV.
4. Further CCTV footage showed DJ Fatxo's cousin and driver going down the parking ramp at 05:37 am, where they were seen looking around at the parking lot, seemingly looking for DJ Fatxo.
The duo was again captured on the CCTV at 05:39 am, and 05:40 am going up the same ramp and at 05:47 am while coming out of the 10th-floor lift and returning into the house.
"This places them out of the house at the time of the deceased death," Haji detailed.
5. The report of the Government Analyst after the exhumation was that the samples, as presented for analysis, did not generate any DNA profiling linking the three males who were with the deceased on the night in question.
6. That the totality of the witness statements, and the documentary evidence in the file thus far do eliminate the suspicion that the death of the deceased resulted from an unlawful act or omission of the three accused persons -Fatxo, his cousin, and driver.
"It also eliminated that anyone of them had formed the intention of unlawfully killing Geoffrey Mwathi," Haji cleared the accused.
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