Lawyer Assa Nyakundi, will now face murder charges after the High Court declined to stop the public prosecutor from charging him with murder.
The lawyer had moved to the High Court to object to the Director of Public Prosecutions' (DPP) bid to withdraw the manslaughter charge and substitute it with murder.
Nyakundi claimed that he accidentally shot and killed his 29-year-old son on March 17, 2019. On the fateful day, Nyakundi and his late son were heading to their home in Muthaiga from a church service along Mombasa Road.
He allegedly shot his son in the chest while transferring his gun from a pouch in the car to a waist holster as they were approaching the house.
Justice Daniel Ogembo on Monday, February 8, dismissed Nyakundi’s application seeking to stop DPP Noordin Haji from charging him with murder.
Senior Principal Magistrate Teresa Nyangena had earlier in a rulling stated that no new evidence had been presented by the DPP to justify the changes from manslaugher to murder. She also faulted how the DPP handled the case and the publicity it had received from the media.
"Failure to disclose the evidence and always acting as though he is prosecuting the case in the media, portrays malice, ill faith and abuse of the court process. He does not appear keen on upholding the rule of law, accused rights, public interest, and strengthening of the criminal justice system," Magistrate Nyangena had stated.
However, Justice Ogembo said the lawyer's application lacked value and that the DPP did not abuse any legal processes by instituting the murder charge against the lawyer.
Nyakundi, who has been out on bail, has been representing Sonko against graft and terrorism charges.
