- The wife of a City lawyer alleged to have killed their son, has filed an urgent application seeking to quash decision of director of public prosecution to withdraw manslaughter charges against her husband Assa Nyakundi.
- The aggrieved wife Lydia Kung’a Nyakundi, wants an an order seeking to quash the decision of the director of public prosecution Nordin Haji to withdraw manslaughter charges preferred against her husband.
According to Lydia Nyakundi without her involvement or the consideration of the families views, the DPP, DCI and the trial court have violated her rights as a victim .
Lydia has also faulted the Prosecution actions of revealing and disclosing her names and that of her son as witnesses for the state
She also wants an order prohibiting the DCI and DPP from preferring further charges related to the shooting of their son the late Joseph Bogonko Nyakundi.
The Wife through her lawyers Danstun Omari and Shadarack Wamboi, says that the court should issue an order calling for proceedings before Chief Magistrate in Kiambu where Nykundi was charged for purpose of making further direction over the withdraw of the case.
The lawyers say, the DCI and DPP did not inform her of the their decision to terminate the case.
” The said exercise of discretion by the DPP is inimical to the constitution 2010, the victim of Protection Act 2014 and loks down the rights of the applicants” the lawyers argue.
In her affidavit, Lydia says that on the March 17, 2019 she regrettably learnt from her husband- that he had accidentally shot their son Joseph Bogonko Nyakundi and was rushing him to Aga Khan Hospital for specialised treatment, care and attention.
She goes to says that she left the Mater Hospital where she had gone to visit a friend’s son who had been admitted therein and proceeded to Aga Khan Hospital where she was met with the devastating news about the demise of his beloved son.
The DPP’s decision to withdraw the charges comes after Director of Criminal Investigations George Kinoti disowned a manslaughter charge against Nyakundi.
Kinoti further interdicted two police officers assigned to probe the killing of Lawyer Assa Nyakundi’s son.
According to Kinoti, the two senior officers alongside two prosecutors allegedly engaged in a “cover up” in a case where the city lawyer is suspected of shooting and killing his son last month.
Lawyer Nyakundi was on Friday last week charged with manslaughter for shooting dead his son, Joseph Bogonko Nyakundi, on March 17, in Nairobi.
He pleaded not guilty and was released on a cash bail of Ksh.300,000 Shillings.
The court will be asked to issue a declaration that the DCI and DPP have jointly violated her rights as victim by by the withdrawal of the manslaughter charges.
The petition will be placed before duty judge for directions.
