ACCUSED OF KILLING SON

Lawyer Nyakundi seeks to block fresh charges

Nyakundi wants the DPP restrained from charging him.

In Summary

•The lawyer is alleged to have killed his son in March.

•He wants the court to restrain the DPP from preferring any other charges against him.

City lawyer Assa Nyakundi
City lawyer Assa Nyakundi
Image: FILE

Lawyer Assa Nyakundi who is facing a manslaughter charge has filed an application in court seeking orders restraining the DPP from preferring any other charges against him.

In his affidavit filed by his lawyer John Khaminwa at Kiambu High Court, he also wants the Director of Prosecution and the Directorate of Criminal Investigations stopped from seeking a favourable court or judicial officer to hear his case.

He is asking the court to prohibit them from arresting or starting criminal proceedings against him related to or arising from the death of his son Joseph Nyakundi.

 
 

The lawyer is alleged to have killed his son on March 17, 2019, in Nairobi. Nyakundi was charged with manslaughter before the Kiambu magistrate's court on 26th April and released on a cash bail of Sh 300,000.

Nyakundi further wants orders quashing the decision of the DPP and DCI  to charge and prosecute him as the decision is unreasonable, irrational, reckless and enjoys no validity before the law and the constitution.

The lawyer asked the court to quash criminal proceedings in same case for being an abuse of court process and for having been commenced unprocedurally and in violation of Article 157(6).

However, Justice Christine Meoli, who was to hear the application, has disqualified herself from the case and directed the file be transferred to the Milimani High Court for further direction.

The judge said she is unable to hear the application since Nyakundi was her classmate.

Separately, Nyakundi's wife Lydia Kung'a has moved to the Milimani High Court seeking to stay a decision by DPP to withdraw manslaughter charges against her husband pending hearing of the application.

She also wants the court to bar the DPP, the DCI and the chief magistrate at Kiambu law court from preferring other charges against him.

 
 

Kung'a is seeking a declaration that her role as a victim is active and includes the right to be informed of any action that the respondents (DPP, DCI and Kiambu magistrate court) desire to take in any criminal proceedings preferred against the accused person in the murder of her son.

A declaration that the DPP and DCI actions of revealing and disclosing her name and that of her son as witnesses for the state is inimical to section eight of the victim protection act," she states.

She is also seeking orders to quash the decision by the Kiambu court allowing the DPP to unilaterally, whimsically and arbitrary withdraw manslaughter charges against the lawyer.

Nyakundi was charged with manslaughter before the Kiambu magistrate's court on 26th April and released on a cash bail of Sh 300,000.

Kung'a accuses the DPP of looking down upon her right to be fully involved and informed of the trial before the court.