The Director of Public Prosecutions has filed a formal application seeking to have lawyer Assa Nyakundi's murder case heard and determined by a three-judge bench.
The DPP says Nyakundi’s case raises substantial issues of law that need to be heard by an uneven number of judges.
Assa Nyakundi is a person of interest and an accused person in relation to the death of Joseph Bogonko which occurred on March 17.
Nyakundi who is out on bail was initially charged with manslaughter but the DPP wants him to be charged afresh with murder.
But through his lawyers, he has opposed the prosecution's move 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 murder charges 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 the prosecution.
However, the prosecution claims that she already recorded admissible evidence against the husband and they regard her as a witness.
(edited by O. Owino)
