City lawyer Nyakundi’s wife Lydia Nyakundi has expressed an issue with state’s decision to withdraw manslaughter charges against her husband against her husband in her absence.
She now wants the High Court to issue a conservatory order staying the decision in Criminal Case No.704 0f 2019 of allowing the Director of Public Prosecutions (DPP) unilateral decision of withdrawing the manslaughter charges preferred against Advocate Assa Nyakundi.
“A declaration that the Petitioner’s role as a victim is active and includes the right to be well informed of any action that the Respondents desire to take in any criminal trial or proceedings preferred against the accused person in the murder of her son,” reads court papers.
According to Lydia Nyakundi without her involvement or the consideration of the families views, the DPP, DCI, and the trial court have violated her rights as a victim.
The Office of Director of Public Prosecutions has withdrawn manslaughter charges against lawyer Assa Kibagendi Nyakundi.
Prosecution counsel Stella Oyagi made an application seeking the court’s leave to withdraw the charges.
The DPP’s decision to withdraw the charges came after Director of Criminal Investigations George Kinot disowned a manslaughter charge against Nyakundi.
Mr. Kinoti also ordered an inquiry into the matter to ascertain if there was a possible cover-up. He claimed not to have been fully briefed about the progress of the probe.
Already, two detectives have been interdicted over claims that they bungled investigation into the killing of the lawyer’s son.