DEFENCE OPPOSES REQUEST

DPP wants magistrate to leave lawyer Nyakundi's case

Accuses her of taking defence's side and giving them more time than prosecution

In Summary

• State counsel says magistrate did not record the prosecution's application in last hearing. 

• Says they have intelligence she has been influenced in the case. 

The case in which city lawyer Assa Nyakundi is charged with killing his son took a new twist on Friday after DPP Noordin Haji asked a magistrate to recuse herself from the case.

The case had come up for hearing of an application by the prosecution to enter a nolle prosequi in the manslaughter charge against Nyakundi.

The DPP, through senior state prosecutor Catherine Mwaniki, made an application for trial magistrate Teresia Nyang'ena to cease from the case accusing her of bias.

Mwaniki said since May 10, the magistrate has shown bias by "siding with the defence and giving them more time than prosecution". 

She said they have intelligence information that the court has been influenced in the case. She said the court did not record the prosecution's application during the last hearing.

But lawyers Danstan Omari, John Khaminwa and Cliff Ombeta strongly opposed the application, saying it is brought in bad faith.

They accused Mwaniki of not respecting senior Judiciary officers by attacking the trial magistrate in public instead of going to her chambers to raise any issue concerning the case.

Lawyer Omari, who is representing the victims— wife of Nyakundi and her children who are also witnesses in the case, told the court that they want their Nyakundi back in the Muthaiga home.

Omari told the court that Nyakundi's wife Lydia and her children want to reunite with Nyakundi, who was three weeks ago ordered not to go to his house.

Nyakundi has been charged with killing his last-born son Joseph Bogonko on March 17 on their way from church in Nairobi county. 

 
 

The lawyers asked the magistrate to review her earlier orders of restraining Nyakundi from accessing his Muthaiga house and direct him to go back since his wife and children have no problem with him. 

He is charged with manslaughter in what Director of Criminal Investigations  George Kinoti believes was a result of bungled investigations.

Nyakundi's wife and eldest son Noah Nyakuru are among the witnesses in the case in which the DPP wants the lawyer discharged after details emerged that there were deliberate cover-ups by investigators.

Earlier, the DPP made an application to enter a nolle prosequi and hinted that prosecution intended to lodge more serious charges against Nyakundi.

The magistrate will deliver her ruling on whether to disqualify herself from the case on June 5.