Why lawyer Assa Nyakundi could face murder charges in son’s case
The Director of Public Prosecutions Noordin Haji is seeking to terminate manslaughter charges against Lawyer Assa Nyakundi.
A statement released on Friday said the DPP is now planning to prefer murder charges based on new evidence.
“The new evidence would warrant murder charges against Nyakundi at the High Court,” the statement from the ODPP reads.
Nyakundi is accused of murdering his 29-year-old son Joseph Bogonko in March last year.
The country’s top Prosecutor made the latest submission through SADPP Alex Muteti and Wangui Gichuhi.
Kiambu Senior Principal Magistrate Teresia Nyangena said a ruling will be made on the application on March 26, 2020.
Nyakundi who is out on bail claims he accidentally shot and killed his son.
According to a statement recorded at Muthaiga Police Station, the two were heading home at 1am on Sunday from ICC Church on Mombasa Road.
The lawyer told police that when he approached his house at Muthaiga North, he reached for his pistol to safeguard it.
In the process of holstering it, he claims he accidentally pulled the trigger shooting his son in the chest.
His son had been sitting in the back seat of the car.
However, an autopsy report seen by Citizen Digital indicated that: “The shot projection from the chest exiting at the back suggested that whoever shot him was standing outside the rear right back door of motor vehicle KCE 753B Toyota Axio which belongs to the father of deceased.”
The report which was released on March 21, also inferred that the cause of death was chest injuries and haemorrhage due to gunshot from a low velocity firearm.
In June last year, Nyakundi opposed an attempt to prefer murder charges against him at the High Court, accusing the Prosecution of malice.
His lawyers argued that the prosecution still had an ongoing case before Kiambu Law Courts which had never been withdrawn.
At the time, Kiambu High Court Judge Christine Meoli had disqualified herself from hearing the case citing conflict on interest since the accused was a classmate.
In May the same year, two police officers who had been assigned to probe the killing were interdicted.
Director of Criminal Investigations (DCI) boss George Kinoti revealed that the officers were allegedly being engaged in a “cover up”.