This archive report was first published on 18 October 2019.
On October 16, 2019, lawyer Assa Nyakundi was set to take plea before Justice Jessie Lesit, but the case was directed to be taken back to Justice Daniel Ogembo due to Lesit's promotion to the Court of Appeal.
Lesit cited her inability to handle new matters, leaving the case in limbo. Nyakundi, a specialist in criminal law, was charged with manslaughter in April 2019 following the shooting of his son, Joseph Nyakundi, on March 17.
He was arraigned in a Kiambu court and charged with killing his son at an unknown place within Nairobi. Nyakundi denied the charges and was released on a Sh1 million bond or a cash bail of Sh300,000.
On May 2, a Kiambu court allowed the Director of Public Prosecutions (DPP) to review the manslaughter charges against Nyakundi, a move opposed by his wife, Lydia Nyakundi. Prosecution counsel Catherine Mwaninki argued that investigations revealed the offence did not disclose manslaughter.
However, Nyakundi's wife moved to the High Court seeking conservatory orders to bar the DPP from withdrawing the manslaughter charges. Nyakundi also sought orders to quash plans to withdraw the charge.
On July 5, Senior Principal Magistrate Teresia Nyang'ena dismissed an application by the DPP seeking to have her recuse herself from hearing the case, citing lack of merit in the prosecution's grounds.
