City lawyer Assa Nyakundi has suffered a major blow after the High Court declined to stop the public prosecutor from charging him with murder.
In his ruling on Monday, February 8, Justice Daniel Ogembo dismissed Nyakundi’s application seeking to stop the Director of Public Prosecution Noordin Haji from charging him with murder while there is an ongoing manslaughter case at the Kiambu Law Courts.
Justice Ogembo said Nyakundi’s application lacked merit and that the DPP did not abuse the legal process by instituting the murder charge against the lawyer while the nolle prosequi filed before the trial court (Kiambu Law Courts) had been opposed and eventually dismissed.
“I am not convinced that the filling of the murder charged herein in the circumstance under which the same was done amount to an abuse of the legal process on the part of Nyakundi,” ruled Ogembo.
However, the judge suspended the decision to charge Nyakundi with murder until two other pending matters are determined.
Nyakundi had gone to High Court to object to the DPP’s bid to withdraw the manslaughter charge and substitute it with murder.
The lawyer, who has been out on bail, claimed that he accidentally shot and killed his 29-year-old son, Joseph Bogonko Nyakundi, on March 17, 2019, inside their family car.
Nyakundi said he was trying to holster his firearm when he accidentally fired and shot his son.
Chronology of Assa Nyakundi’s case
April 26, 2019, he denied manslaughter charges before Kiambu Principal Magistrate Teresia Nyangena
May 2, 2019, the DDP applied to withdraw the manslaughter charges to allow a fresh murder charge.
May 10, his wife Lydia told the court that she was no longer willing to testify against the lawyer.
May 18, 2019, DPP, through State Counsel Catherine Mwaniki, accused the court of conspiring with the defense to frustrate the intended murder charge.
May 20, 2020, Nyangena dismissed the application to have the manslaughter charge withdrawn.
February 2, 2021, he represented Sonko before Kiambu Law Courts.
February 3, 2020, represented Sonko at the Anti-Corruption Court and Kahawa West court over graft and terrorism respectively.
