The High Court has paved the way for the Director of Public Prosecutions (DPP) to charge city lawyer Assa Nyakundi with murder.
In a ruling on Monday, February 6, Justice Daniel Ogembo threw out Nyakundi’s application seeking to stop DPP Noordin Haji from charging him with murder while there is an ongoing manslaughter case at the Kiambu Law Courts.
Justice Ogembo ruled that Nyakundi’s application lacked merit and that the DPP did not abuse the legal process by instituting the murder charge against the lawyer.
“I am not convinced that the filling of the murder charged herein in the circumstance under which the same was done amount to an abuse of the legal process on the part of Nyakundi,” said Ogembo.
The judge, however, suspended the decision to charge Nyakundi with murder until two other pending matters are determined.
Nyakundi, who claims that he accidentally shot and killed his 29-year-old son, Joseph Bogonko on March 17, 2019, is out on bail. He even represented embattled Sonko at the Anti-Corruption Court and Kahawa West court on February 3.