One of the lawyers representing embattled former Nairobi governor Mike Sonko is set to face murder charges.
Lawyer Assa Nyakundi has suffered a major blow after the High Court declined to stop the public prosecutor from charging him with murder
In his ruling on Monday, Justice Daniel Ogembo dismissed Nyakundi’s application seeking to stop the Director of Public Prosecution Noordin Haji from charging him with murder while there is an ongoing manslaughter case at the Kiambu Law Courts.
Justice Ogembo said Nyakundi’s application lacked merit and that the DPP did not abuse the legal process by instituting the murder charge against the lawyer.
“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.
Nyakundi had gone to High Court to object to the DPP’s bid to withdraw the manslaughter charge and substitute it with murder.
The lawyer, who has been out on bail, claimed that he accidentally shot and killed his 29-year-old son, Joseph Bogonko Nyakundi, on March 17, 2019, inside their family car.
Nyakundi said he was trying to holster his firearm when he accidentally fired and shot his son.
April 26, 2019, he denied manslaughter charges before Kiambu Principal Magistrate Teresia Nyangena
Nyakudi is currently representing Sonko at the Anti-Corruption Court and Kahawa West court over graft and terrorism charges respectively.