The mystery in city lawyer Assa Nyakundi’s case continues to deepen with the DPP now seeking to have the matter heard by a three-judge bench.
Assistant DPP Alexander Muteti on Tuesday told the court they intend to file an application seeking to send the file to the Chief Justice David Maraga to empanel a bench to hear the different petitions filed in the matter.
Nyakundi who is out on bail had been charged with a manslaughter charge but the DPP wants him to be charged with murder.
Through his lawyers, he has opposed the move by the prosecution to have him charged with murder insisting that he had already been charged with manslaughter.
Nyakundi’s wife has also opposed the new charges saying as the victims, the family was not consulted by the DPP when they instituted new charged against her husband.
Through her lawyer Dunstan Omari, she maintains that she is a victim in the matter and not a witness as had been alluded by prosecution.
However, the prosecution claims that she already recorded admissible evidence against the husband and they regard her as a witness.
These are some of the issue that the bench is expected to hear and determine if at all it will be constituted.
Justice Jessie Lessit referred the matter to Judge James Wakaiga who will hear the all applications related to the matter.
The case will be heard on July 18.