Lawyer Nyakundi’s wife seeks to block husband murder charge over son’s killing


Lawyer Issa Nyakundi
File image of Lawyer Assa Nyakundi in court. PHOTO| COURTESY

In Summary

  • Kinoti further interdicted two police officers assigned to probe the killing of Lawyer Assa Nyakundi’s son.
  • According to Kinoti, the two senior officers alongside two prosecutors allegedly engaged in a “cover up” in a case where the city lawyer is suspected of shooting and killing his son last month.
  • Lawyer Nyakundi was on Friday last week charged with manslaughter for shooting dead his son, Joseph Bogonko Nyakundi, on March 17, in Nairobi.

City lawyer Assa Nyakundi’s wife, Lydia Nyakundi on Friday said that she was not involved when the state decided to withdraw the manslaughter charges against her husband.

She now wants the High Court to issue a conservatory orders staying the decision in Criminal Case No.704 0f 2019 of allowing the Director of Public Prosecutions (DPP) unilateral decision of withdrawing the manslaughter charges preferred against Advocate Assa Nyakundi.

The application filed at the Milimani Law court on Friday comes just a day after the DPP was allowed by the Kiambu law court to drop manslaughter charges against Nyakundi.

“A declaration that the Petitioner’s role as a victim is active and includes the right to be well informed of any action that the Respondents desire to take in any criminal trial or proceedings preferred against the accused person in the murder of her son,” reads court papers.

According to Lydia Nyakundi without her involvement or the consideration of the families views, the DPP, DCI and the trial court have violated her rights as a victim .

Lydia has also faulted the Prosecution actions of revealing and disclosing her names and that of her son as witnesses for the state.

“High ranking officers from the offices of the 1st and 2nd Respondent have even gone to an extent of making public announcements through their constant interactions with the media that the Petitioner and his son-Noah Nyakundi are among the key prosecution witnesses, a fact that is hostile to the Victim protection’s Act.,” says Lydia

In her affidavit, Lydia says that on the March 17, 2019 she regrettably learnt from her husband- that he had accidentally shot their son Joseph Bogonko Nyakundi and was rushing him to Aga Khan Hospital for specialised treatment, care and attention.

She goes to says that she left the Mater Hospital where she had gone to visit a friend’s son who had been admitted therein and proceeded to Aga Khan Hospital where she was met with the devastating news about the demise of his beloved son.

The DPP’s decision to withdraw the charges comes after Director of Criminal Investigations George Kinoti disowned a manslaughter charge against Nyakundi.

Kinoti further interdicted two police officers assigned to probe the killing of Lawyer Assa Nyakundi’s son.

According to Kinoti, the two senior officers alongside two prosecutors allegedly engaged in a “cover up” in a case where the city lawyer is suspected of shooting and killing his son last month.

Lawyer Nyakundi was on Friday last week charged with manslaughter for shooting dead his son, Joseph Bogonko Nyakundi, on March 17, in Nairobi.

He pleaded not guilty and was released on a cash bail of Ksh.300,000 Shillings.

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