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Witness stepped down in Gladwell Otieno’s son death case

Two witnesses were on Thursday stepped down in a case a Dubai based Kenyan businessman is accused of causing the death of Africog’s boss Gladwel Otieno’s son in a road accident.

The prosecution objected to the evidence of a pathologist saying he had not signed the autopsy report presented in court.

A motor vehicle inspection officer was also stepped down when defence lawyer Kirathe Wandungi and the prosecution clashed over two sets of photographs during cross examination.

Mr Wandungi told the court that the defence did not have Dr Andrew Kanyi’s statement and his name was not in a list of witnesses availed to him by the prosecution.

“We are in a situation where the prosecution is surprising and ambushing us with new evidence. This is not a court of surprises or a guerilla war,” the lawyer said.

VESTED INTERESTS

But the prosecution responded that Dr Kanyi participated in the autopsy on the body of Silvanus Otieno and two of his friends at Lee funeral home.

“He did not sign the autopsy report. The family of the deceased instructed him. He had vested interests,” the lawyer stated.

After a heated argument, trial Magistrate Judith Wanjala ordered the witness to be stepped down until the prosecution serves the defence with a report he had signed after it emerged that he participated in the postmortem.

She also ordered Mr John Thiongo the Motor Vehicle Inspector to be stepped down so that the defence and the prosecution can agree on the two sets of photographs.

Silvanus, Brian Waweru and Ntsanya Otis Kapua perished in a tragic road accident along James Gichuru road in Lavington in April 2012. The case was postponed to February 27.