This archive report was first published on 21 October 2019.
The case of Assa Nyakundi, a city lawyer accused of shooting his son Joseph Nyakundi, has been delayed for the seventh time. The latest delay occurred on October 18, 2019, when the magistrate, Teresia Nyangena, was absent from court due to a family emergency.
According to a letter from the Director of Public Prosecutions (DPP), Noordin Haji, dated October 17, 2019, the case needed to be disposed of expeditiously due to its great public interest. The letter, signed by senior assistant DPP Alexander Muteti, requested that the case be placed in the chief magistrate's court for direction.
On October 18, 2019, the prosecution withdrew the letter, with Mr. Muteti stating that they were only interested in getting the audience they had been lacking. The prosecution had previously accused the court of taking sides in the matter and claimed to have intelligence information indicating prior contact to influence the court.
Assa Nyakundi's lawyer, John Khaminwa, accused the prosecution of making unfounded, incorrect, and misleading allegations against the court. He also accused the prosecution of seeking to have a judicial officer of their choice presiding over the case.
The case has been delayed multiple times, with the prosecution seeking to have it heard in a different court. On July 5, 2019, Magistrate Nyangena dismissed an application by the DPP seeking to have her recuse herself from hearing the case.
