Questions arise after DPP failed to charge lawyer Assa Nyakundi with murder

The High Court in Nairobi has freed and deferred lawyer Assa Nyakundi’s murder charge.

On Thursday, Milimani Law Courts Judge James Wakiaga deferred Nyakundi’s plea to Friday, June 21.

The lawyer was presented in court after his arrest on Wednesday on the orders of the Director of Public Prosecutions (DPP) Noordin Haji.

The DPP had pressed a murder charge against the lawyer in connection to the shooting of his 29-year-old son, Bongonko Nyakundi.

However, Nyakundi’s lawyers led by John Khaminwa rejected the murder charge claiming that the manslaughter charge filed in Kiambu Court is still active.

Khaminwa told the court that the manslaughter charge has not been withdrawn as the DPP claims.

Senior Assistant Director of Public Prosecutions (SADPP) Catherine Mwaniki dismissed Nyakundi’s claims, stating that the DPP has the power to institute any charge against any accused person even though there may be another pending matter in court.

The lawyer was freed on Sh300,000 bail pending his arraignment in court on Friday.

The Court will hear the application by the DPP to substitute the manslaughter charge with a murder charge.

On Wednesday, Kiambu High Court Judge Christine Meoli recused herself from hearing the case citing conflict of interest.

In her recusal, Judge Meoli noted that Nyakundi was once her classmate. Nyakundi is accused of having shot his 29-year-old son on March 17, 2019.

The lawyer told detectives that he was trying to holster his firearm while in the car when he accidentally shot his son.