The Director of Public Prosecution Noordin Haji has defended a move to charge city lawyer Assa Nyakundi with murder saying new evidence shows the lawyer aimed at son’s chest proof that the incident was not an accident.
Nyakundi was initially charged with manslaughter, after confessing to having accidentally shot his son Joseph Nyakundi on March 29 in Muthaiga, but the DPP applied for the charge to be dropped and substituted with a murder charge.
According to the DPP, a ballistic examination contradicted earlier statements recorded by Nyakundi.
“Nyakundi’s claim that the firearm accidentally discharged while he was picking it from its holster could not stand and after ballistic examination, there is evidence of direct shooting by aiming at the deceased chest,” said the DPP in his fresh bid to charge the city lawyer with murder.
The DPP further accused the lawyer’s family of attempting to cover up the murder and doing everything to frustrate efforts by the authority to prosecute Nyakundi.
The prosecution sought to withdrawal the lesser manslaughter charges arguing that a clique of investigators had colluded to bungle the case against Nyakundi.
Following the revelations, Directorate of Criminal Investigations boss George Kinoti interdicted two police officers assigned to probe the killing.
The DPP accused the officers in charge of the case of hurriedly charging the accused in a Kiambu court instead of charging him in Nairobi where the killing took place.
Nyakundi, through his legal team, is opposed to the murder charge.
Through his deputy, Alexander Muteti, the DPP said he intends to make a formal application to Chief Justice David Maraga to constitute a bench of three judges to determine the raging debate on whether to judge the lawyer with murder.
In his affidavits to support DPP’s case, Police Investigator Maxwell Otieno accused Nyakundi’s family of frustrating the case through numerous court applications.
“The victims have never informed us of any purported reconciliation and from the numerous applications before various courts, it is clear they do not want Nyakundi charged with murder,” said Otieno.
In his response, Nyakundi accused the DPP of acting in bad faith to push for the murder charge, and for lying that he was not briefed of the decision to prefer a manslaughter charge.
Earlier, Nyakundi’s lawyers led by John Khaminwa and Haron Ndubi argued that the manslaughter and murder cases cannot run concurrently.
The lawyer now wants the court to stop any criminal proceedings against him arising from son’s death.
The hearing of the case has been scheduled for July 18 before Justice James Wakiaga.