Noordin Haji, the Director of Public Prosecutions, explained why no one had been arrested concerning the death of interior designer Jeff Mwathi.
On behalf of the DPP, Deputy Director of Public Prosecutions Gikui Gichuhi described the evidence that absolved the suspects of any responsibility in a letter written to the Director of Criminal Investigations on May 9.
According to the DPP, Jeff, whose actual name is Geoffrey Mwathi Ngugi, we met with DJ Fatxo, also known as Lawrence Njuguna Wagura, on February 21 to discuss an interior design project at Fatxo's shop on the Eastern Bypass.
During their meeting, Jeff and his pals accompanied Fatxo to many bars, where they ate and drank before retiring to Fatxo's apartment at 3 a.m. on February 22.
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Their temporary residence was on the 10th floor of the Redwood building in Roysambu, Kisarani, Nairobi.
"It was reported that the deceased went missing from the guest bedroom, only for his corpse to be discovered on the lower level of the said apartment building," Haji said.
The DPP said that additional investigations, witness accounts, and pre-and post-mortem reports revealed that Jeff died where his corpse was.
Although Haji acquitted the accused, the inquiry performed by the Directorate of Criminal Inquiry yielded six findings.
Mwathi's body had a fractured limb and a fractured skull with missing brain tissue, and the cause of death was judged to be haemorrhaging due to blunt force trauma, consistent with a high-velocity fall, according to post-mortem studies.
CCTV evidence shows Lawrence Njuguna (DJ Fatxo) leaving the apartments with the three ladies at 05:02, presumably to drop them off at their home in Roysambu, and returning to the unit at 09:05, when security officers told him of the event.
The deceased's body impacted the floor and bounced off the floor due to gravity produced by the height of the fall, and his mobile phone slid out of his right hand soon after he hit the floor, according to CCTV evidence. CCTV captured the identical event at 05:47.
According to the CCTV footage, DJ Fatxo's cousin and driver descended the parking ramp at 05:37 and looked to be searching the car park for DJ Fatxo. The same individuals were spotted mounting the ramp and exiting the lift at the 10th level at 05:47 before returning to the flat on CCTV at 05:39 and 05:40.
"This evidence establishes that they were absent from the premises at the time of the deceased's death," said Haji.
The government's analyst reported that the samples submitted for the study did not produce a DNA profile following the exhumation.
Following the exhumation, the Government Analyst reported that the samples, as provided for examination, did not produce any DNA profiles linking the three persons with the deceased on the night in issue.
The totality of the evidence in the file to date rules out the possibility that the deceased's death was caused by an illegal act or omission by the three accused - Fatxo, his cousin, and the driver.