The wife of lawyer Assa Nyakundi, who has been charged with killing their son, has moved to court to challenge plans to withdraw the lesser charge of manslaughter.
Director of Public Prosecutions Noordin Haji is in the process of reviewing the case with plans to prefer the more serious murder charge against the lawyer, who fatally shot their son Joseph Bogonko on March 17.
Mr Nyakundi was charged with manslaughter on April 26 before the Kiambu court and released on a cash bail of Sh300,000.
THE COMPLAINT
When the case was mentioned before Kiambu Senior Principal Magistrate Teresia Nyengena on May 2, the prosecutor informed the court that she had been instructed to seek a mention date for the withdrawal of the case as the DPP was reviewing the file.
The court set the date as May 10.
But Mrs Lydia Kung’a Nyakundi has filed a case at the High Court in Nairobi, seeking orders quashing plans to withdraw the manslaughter charge.
She says the decision was being made “unilaterally, whimsically and arbitrarily”.
VICTIM’S ROLE
Mrs Nyakundi further said her role as a victim is active and includes the right to be informed of any action that the DPP, the Directorate of Criminal Investigations and the magistrate’s court desire to take.
She said she had read media reports alluding to a cover-up and collusion on the part of officers from the DCI, in a bid to bungle the trial.
She said the DPP was in the process of withdrawing the charges without their participation.
Mrs Nyakundi also protested the revelation of her name and that of her son, who have been listed as witnesses in the case, terming it an affront to section 8 of the Victims Protection Act.
In the application through lawyer Danstan Omari, she said the DPP would not be prejudiced if the orders were granted.