Lawyer Assa Nyakundi will face murder charges after a court declined to stop the DPP from charging him with the offense.
Justice Daniel Ogembo threw out Nyakundi’s application seeking to stop the prosecution from charging him with murder while a manslaughter case continues at Kiambu Law Courts.
In his ruling, Justice Ogembo said the accused person’s application lacked merit and that the DPP did not abuse the legal process by instituting the murder charge against him.
“I am not convinced that the filling of the murder charged herein in the circumstance under which the same was done amount to an abuse of the legal process on the part of Nyakundi,” ruled Ogembo.
DPP filed an application seeking to terminate the manslaughter case by way of entering a nolle prosequi to make room for the introduction of murder charges in 2020.
This was after DCI boss George Kinoti disowned the manslaughter charge and ordered an inquiry into a possible cover-up by the investigating officer.
“I don’t know why there was a rush to conclude that it was manslaughter before all these reports had been filed. Anyone who is found culpable in this cover-up will face the law,” Kinoti said.
Nyakundi who has been out on bail is accused of killing his son, Joseph Bogonko on March 17.