This archive report was first published on 9 July 2019.
On July 9, 2019, the Director of Public Prosecution (DPP) announced plans to file an application to Chief Justice David Maraga seeking the appointment of a three-judge bench to hear a petition filed by lawyer Assa Nyakundi.
The petition stems from Nyakundi's objection to a second murder charge, which he claims is unconstitutional and invalid. Nyakundi is currently facing trial for the murder of his son Joseph, who was shot and killed on March 11, 2019.
Senior Assistant Director of Public Prosecution Alexander Muteti told Lady Justice Jessie Lesiit that the issues raised by Nyakundi's advocates are weighty and require a bench hearing.
Lawyers Dr. John Khaminwa and Harun Ndubi, who are representing Nyakundi, have questioned the constitutionality and validity of the second criminal charge. They argue that the prosecution cannot indict Nyakundi with a murder charge after initially charging him with manslaughter.
The judge directed the Prosecution to file a formal application, which will be heard by Justice James Wakiaga on July 18, 2019. The application will also be served upon the lawyers representing the victim.
According to the judge, the lawyers intend to raise serious issues at the hearing of the application, including the abuse of office and exercise of powers by the DPP under Section 157 of the Constitution (2010).
