The Director of Public Prosecutions, Noordin Haji, has explained why no one has been arrested in connection with the death of interior designer Jeff Mwathi.
In a letter addressed to the Director of Criminal Investigations on 9 May, Deputy Director of Public Prosecutions Gikui Gichuhi, on behalf of the DPP, detailed the evidence that cleared the suspects of any culpability.
According to the DPP, Jeff, whose real name is Geoffrey Mwathi Ngugi, had visited DJ Fatxo, also known as Lawrence Njuguna Wagura, on 21 February to discuss an interior design project at Fatxo’s business premises on the Eastern Bypass.
During their meeting, Jeff and his friends accompanied Fatxo to various bars, where they indulged in food and drinks, before finally retiring to Fatxo’s apartment at 3 am on 22 February.
The flat, located on the 10th floor of the Redwood building in Roysambu, Kisarani, Nairobi, served as their place of rest.
“It was reported that the deceased went missing from the guest bedroom only for his lifeless body to be found on the ground floor of the said apartment building,” Haji stated.
The DPP went on to explain that subsequent investigations, witness statements and pre- and post-mortem reports all indicated that Jeff met his demise at the exact location where his lifeless body was discovered.
Although Haji exonerated the accused, there were six findings of the investigation conducted by the Directorate of Criminal Investigation.
According to the post-mortem reports, Mwathi’s body had a fractured limb, a fractured skull with missing brain matter and the cause of death was determined to be haemorrhaging due to blunt force trauma, consistent with a high-velocity fall.
CCTV footage showed Lawrence Njuguna (DJ Fatxo) leaving the apartments at 05:02 in the company of the three ladies, ostensibly to drop them off at their home in Roysambu, and only returning to the apartment at 09:05 when the security guards informed him of the incident.
CCTV footage showed that the deceased’s body hit the floor and bounced off the floor due to gravity caused by the height of the fall, and his mobile phone fell out of his right hand immediately after he hit the floor. The same was recorded by CCTV at 05:47.
Further examination of the CCTV footage revealed that DJ Fatxo’s cousin and driver descended the car ramp at 05:37 and appeared to be searching the car park, possibly looking for DJ Fatxo. The same individuals were seen on the CCTV at 05:39 and 05:40 ascending the ramp and exiting the lift at the 10th floor at 05:47 before returning to the apartment.
“This evidence establishes their absence from the premises at the time of the deceased’s death,” Haji explained.
After the exhumation, The government analyst reported that the samples, as submitted for analysis, did not produce a DNA profile.
The report of the Government Analyst following the exhumation was that the samples, as submitted for analysis, did not produce any DNA profiles linking the three men who were with the deceased on the night in question.
That the totality of the testimonies and the documentary evidence in the file to date exclude the suspicion that the death of the deceased was caused by an unlawful act or omission on the part of the three accused – Fatxo, his cousin, and the driver.
