- Lawyer Sam Nyaberi says police presence in hospital triggered his client's illness
- Investigations not complete because police need information from Nyakundi after he is discharged
Image: FILE
City lawyer Assa Nyakundi, who is suspected of killing his son, on Wednesday told a court he is still unwell because of police presence at the hospital.
“Your honour, my client is unwell and it is usually triggered by the presence of the officers who are always surrounding him at the hospital. My client gets worse because of the presence of the police guard,” his lawyer Sam Nyaberi said.
He requested that in case Nyakundi is discharged, he should not be escorted by police.
Chief magistrate Heston Nyaga, however, said the trial magistrate was not sitting and asked Nyaberi to make a formal application before him when he resumes.
Nyakundi was expected to appear before court on Wednesday but failed to show up.
Investigating officer Godfrey Munene said Nyakundi was still sick.
He said investigations were not complete because he needed some verification from Nyakundi after he is discharged.
Last week, the investigating officer told the court Nyakundi had recorded his statement in hospital.
Munene said Nyakundi was still in hospital because his condition was fluctuating.
Nyaberi told the court his client was still receiving treatment but was in a fair condition.
“My client is getting better and might be discharged when he gets well,” he said.
The case will be mentioned on May 7.
Munene on April 4 told the court that he had been unable to record a statement from the "incoherent" lawyer.
"I visited the suspect and I can confirm that he is still sick and will need more time to see if I can record his statement," Munene said.
Nyaberi said, "My client is unwell as his condition keeps on fluctuating. His blood pressure is high and he needs to be in the hospital but I am willing to go with the investigating officer to the hospital to get Nyakundi's statement."
The city lawyer is accused of killing his son, Joseph Nyakundi, on March 17. He was admitted to Nairobi Hospital under guard after the shooting.
Joseph was buried on April 2 at Lang’ata Cemetery.
Edited by Josephine M. Mayuya