The Family of late Joseph Nyakundi, son of top city lawyer Assa Nyakundi overcome with grief during his burial at the Langata Cemetery on April 02, 2019.

The wife lawyer Assa Nyakundi who offered to testify against him for killing his son, she has now changed tune and wants prosecution not to prefer more charges against her husband

Lydia Kung’a Nyakundi has moved to Kiambu court under certificate of urgency.

“Pending the hearing and determination of this humble Application and Petition, this honorable court be pleased to prohibit the prosecution from preferring any/further charges related to the shooting of the late Joseph Bogonko Nyakundi as against Assa Kibagendi Nyakundi, ”said Kung’u.

The lawyer’s wife also want the court to call for the record of the proceedings before the Chief Magistrates Court at Kiambu for the purpose of making further orders or directions as it will consider appropriate to ensure the fair administration of justice.

“We are seeking an order quashing the decision of Kiambu Chief Magistrates court allowing the DPP to withdraw the charges of manslaughter preferred against Assa Nyakundi in criminal case no.704 of 2019,”She said in court papers.

Through her lawyer Danstan Omari, Kung’a said that on March 17, 2019 she learnt from her husband Nyakundi that he had accidentally shot their beloved son Joseph Bogonko Nyakundi and was rushing him to Aga Khan Hospital for specialised treatment, care and attention.

“Kung’a left the Mater Hospital where she had gone to visit a friend’s son who had been admitted therein and proceeded to Aga Khan Hospital where she was met with the devastating news about the demise of his beloved son,” said Omari.

She added that Nyakundi was charged on April 26, 2019 for the offense of manslaughter and released on cash bail of Sh 300,000.

The lawyer’s wife said that she has learned that DPP unilaterally and without her participation or involvement withdrew the manslaughter charges against her husband Mr. Assa Nyakundi.

“The exercise of discretion by DPP is unfavorable to the Constitution 2010, the Victims Protection Act 2014 and certainly looks down uponmy right’s to be fully involved and informed of the trial before the court,” said Kung’a.

Lawyer Omari said unless the court moves with speed and protects the rest of the victims, the prosecution will continue to politicize and lead to the over publication information without the victims’ involvement or consideration of their feelings.

She also wants the court to find out that the prosecution have violated their rights as a victim by leading to the withdrawal of the manslaughter charges previously preferred against Advocate Assa Nyakundi, without their involvement or the consideration of their views.

“We are seeking a declaration that the Kung’as role as a victim is active and includes the right to be well informed of any action that the prosecution desire to take in any criminal trial or proceedings preferred against the accused person in the murder of her son, “said Omari.

She also want the court to find out that the actions of disclosing her names and that of her son as witnesses for the state  is indifferent to Section 8 of the Victims Protection Act.

“We are seeking an order quashing the decision of Kiambu Chief Magistrates court allowing the DPP to withdraw the charges of manslaughter preferred against Assa Nyakundi in criminal case no.704 of 2019,”She said in court papers.

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