Lawyer Assa Nyakundi will now be charged with murder after the Director of Public Prosecutions, Noordin Haji, recommended that the lawyer be charged afresh.
In a statement dated Friday, July 15, the DPP noted that his office had in 2019 preferred manslaughter charges against the lawyer.
However, upon review of the case, fresh evidence from the Directorate of Criminal Investigations (DCI) emerged pointing to possibility of a murder.
Haji stated that his office had received sufficient evidence to prosecute the lawyer.
In 2019, DCI boss, George Kinoti, called for fresh review of the case even as he noted that there were inconsistencies in the manslaughter charges.
"This is one of those cases where I was not briefed at all by my officers. I only heard of the manslaughter charge from the media. Even the DPP was horrified," Kinoti told Kenyans.co.ke in 2019.
Nyakundi was arrested in March 2019 after his 29-year-old son succumbed to a gunshot wound.
It was reported that the incident took place as the duo were on their way home after attending a church service.
During the course of their investigations, police officers indicated that their analysis pointed to an intentional act even as they ruled out that the shooting was accidental.
However, the lawyer - during an interview with the Daily Nation in 2019 - insisted that the shooting was an accident even as he stated that he was ready to prove his innocence.
"There is nothing more to lose at this point. I have lost everything. I will defend myself and my lawyers will do their bit because it was an accident.
"A lot of things have been written in the media based on non-facts. Where I live is very open and the Judiciary Training College is on the road to my house, so how was it possible that the shot was from outside the car as people claim based on a post-mortem report they have not seen?" Nyakundi wondered.
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