Lawyer Assa Nyakundi will be charged with the murder of his son if the High Court allows an application by the DPP to change the manslaughter charge on Friday.
However, the defence, led by John Khaminwa, strongly opposed the murder charge in the Milimani court on Thursday arguing that the manslaughter charge in the Kiambu law courts was never withdrawn.
Khaminwa told Justice James Wakiaga that they were not informed that the prosecution intended to file a new charge against Nyakundi.
He said the prosecution should not file a new charge before withdrawing the manslaughter charge at the magistrate's court.
Lawyer Danstan Omari said Nyakundi's wife and children, who were in court, are also opposed to the new charge as they were not consulted by the DPP.
State counsel Catherine Mwaniki argued that the DPP has the power to institute any charge against an accused person even with another pending matter in court.
Mwaniki defended the move by the DPP to prefer the murder charge against Nyakundi as the law allows it.
According to the counsel, when Nyakundi takes the plea at the High Court, the manslaughter charge at the magistrate's court will automatically be obsolete.
Judge Wakiaga deferred the matter to this morning when he will hear both sides and determine whether the lawyer will be so charged.
Khaminwa asked the court to release Nyakundi until tomorrow since he had already paid Sh300,000 bail in the manslaughter charge. The defence undertook to present him in court.
Mwaniki had opposed the application for the lawyer to be released but later agreed that if his lawyers undertake to bring him to court tomorrow then she had no problem.
Nyakundi allegedly shot dead his son Joseph Bogonko on March 17.
He has a pending case at the High Court in which he seeks to bar the DPP and the police from preferring murder charges against him. His wife and children have applied to be vicitms in the matter.
