Lawyer Assa Nyakundi’s case over the killing of his son last month has taken several twists and turns as the wife now seeks to block murder charge against him.
In an application filed on Friday, Lydia Kunga blamed the court for not involving her when the state withdrew the manslaughter charges against her husband.
According to Ms Nyakundi, “the High Court should issue conservatory orders staying the decision in Criminal Case No.704 of 2019 of allowing the Director of Public Prosecutions (DPP) unilateral decision of withdrawing the manslaughter charges preferred against Advocate Assa Nyakundi.”
Her application was filed at Milimani Law courts a day after the DPP was allowed by the Kiambu law court to drop manslaughter charges against Nyakundi.
The court papers highlighted: “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.”
The lawyer’s wife has asserted that failure to involve her in the withdrawal of the charges by the DPP, DCI and the trial court have violated her rights as a victim.
The DPP’s decision to withdraw the charges comes after Director of Criminal Investigations George Kinoti disowned a manslaughter charge against the advocate.
Additionally, she condemned the prosecution for divulging to the public her names and that of her son as witnesses for the state.
Lydia mentioned: “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.”
Lawyer Nyakundi was last week charged with manslaughter for shooting dead his son, Joseph Bogonko Nyukandi, on March 17 in Nairobi.
He whoever pleaded not guilty and was released on a cash bail of Ksh300,000.