Defense lawyers representing advocate Assa Nyakundi in his son’s murder case on Friday told a Nairobi court they will challenge the validity of a murder charge preferred against him next week
The application will be heard before Lady Justice Jessie Lessit on July 9.
Lawyers John Khaminwa, Harun Ndubi, Danstun Omari and Shadarack Wamboi told Justice James Wakiga they will file a motion seeking to quash the murder charge, saying that the Director of Public Prosecutions abused his powers while ordering a fresh charge yet the lawyer had already been charged with manslaughter.
They told the court Nyakundi cannot face the two charges concurrently.
“These are issues we seriously intend to raise at the hearing of the application to be filed in three days,” the judge heard.
The court allowed the application by the defense and ordered Nyakundi’s lawyers to file their motion within three days.
The lawyers submitted that they wanted to question abuse and exercise of power of the DPP under Article 157 of the constitution, which gives him the authority charge.
Omari, a family lawyer, faulted the DPP for taking decisions in the matter without involving the family of the deceased.
The prosecution told the judge that it prefers that the matter be dispersed with expeditiously.
“The matter before this court is so serious that the prosecution must into consideration that the defense seeks to curtail the powers of the DPP,” the prosecution added.
Nyakundi is alleged to have shot his son, Joseph, on March 11.
