• Lawyer wants to stop DPP from preferring murder charges against him.
• Prosecutor tells court family already recorded witness statements against Nyakundi.
Lawyer Assa Nyakundi’s wife and children may be considered victims in the murder case against him if the court allows them.
Through her lawyer Danstan Omari, Lydia Nyakundi told the court on Wednesday her family are victims in the matter.
Omari told Justice Ngenye Macharia that Lydia and her children would like to be enjoined in an application filed by her husband seeking to stop the DPP from preferring murder charges against him.
Omari told the court he will file an application so that the family are enjoined in the matter as interested parties.
Lawyer Harun Ndubi for Nyakundi told court that they were not opposed to the family being enjoined in the case as victims, saying they have an automatic right in law to be recognised as such.
However, prosecutor Catherine Mwaniki told the court Lydia and her children are witnesses in the case.
Mwaniki said they had already recorded witness statements to be used in the trial.
She produced a murder charge sheet dated June 3 where Nyakundi has been accused of killing his son Joseph Bogonko on March 17 by shooting him.
But Mwaniki said if they were interested in being enjoined she had no issue but the court should note that they already recorded statement against Nyakundi.
Mwaniki told the court since they have already filed the murder charge against the lawyer, his prayers blocking the murder charge had been bypassed by events because the application was filed on June 6, three days after the DPP preferred the murder chargedagainst him.
Ndubi told the court they were not aware of the charge being entered against his client and termed the information as a sideshow.
Judge Macharia directed Nyakundi to file further affidavits and exhibits as he had requested within seven days and the state has five days to reply.
Nyakundi wants the court to bar the DPP and DCI from arresting or starting criminal proceedings against him related to or arising from the death of his son.
Nyakundi also wants orders suspending the decision of the DPP and DCI to charge and prosecute him, arguing the decision is unreasonable, irrational and reckless and enjoys no validity before the law.
He has asked the court to quash criminal proceedings in the same case for being an abuse of court process and for having been commenced unprocedurally.
The file had been referred to Milimani law court after Kiambu judge Christine Meoli recused herself from the case, saying she was Nyakundi’s classmate.