Assa Nyakundi lawyers accused of stalling murder case

The team representing city lawyer Assa Nyakundi has been accused of deliberately attempting to delay a murder case facing him.

Kiambu Principal Magistrate Teresiah Nyangena on Friday ordered Mr Harun Ndubi to continue with his submissions when he said he was not ready to proceed since Mr Nyakundi’s other lawyer, John Khaminwa, was not in court.

“You cannot keep making adjournments. You have to proceed,” the magistrate told Mr Ndubi.

This was after prosecutors accused the defence team of engaging in a cat and mouse game in order to delay the case.

Mr Ndubi was unable to explain the whereabouts of Dr Khaminwa. In April last year, Mr Nyakundi was charged with manslaughter.

He is said to have killed his son Joseph Bogonko in March 2019.

Director of Public Prosecutions Noordin Haji has since been trying to have the manslaughter charge changed to murder without success.

NEW EVIDENCE

Mr Haji says he is not willing to pursue a manslaughter charge when there is evidence to sustain a murder case.

Mr Nyakundi has been out on Sh300,000 bail since April 26, 2019, when he was taken to court after spending more than a month in hospital.

The DPP’s office on Friday said it has gathered more evidence to proceed with the murder case.

Bogonko died in a shooting incident in Nairobi. “Mr Haji seeks to terminate the manslaughter charge against Mr Nyakundi and prefer a murder charge based on new evidence,” the DPP’s office said.

Mr Nyakundi shot Bogonko on March 16, 2019. Bogonko eventually died while being treated at Aga Khan Hospital.

Through Mr Alex Muteti and Ms Wangui Gichuhi, the DPP informed the magistrate that the new evidence would warrant murder charges against Mr Nyakundi at the High Court.

The magistrate said a ruling on the application would be made on March 26.

COVER-UP

According to his initial statement filed at Muthaiga Police Station immediately after the shooting, Mr Nyakundi said he and his son were heading home from a church on Mombasa Road when his gun accidentally discharged.

The lawyer said they were in a saloon car near his house in Muthaiga when he decided to move his pistol for safety.

In the process, Mr Nyakundi said, he accidentally shot his son in the chest.

Bogonko was in the back seat of the car, the statement added.

Mr Nyakundi said he then went to report the shooting at the Muthaiga Police Station. His pistol, which had 14 rounds, was seized by police.

Directorate of Criminal Investigations head George Kinoti later interdicted some officers he accused of bungling the investigations.

He also ordered an inquiry into a “major cover-up” involving the investigating officers and Mr Nyakundi.

Later, the lawyer’s wife, who was one of the prosecution witnesses, recanted her statement.