Kenya’s chief public prosecutor has failed to have city lawyer Assa Nyakundi, who shot his son dead, charged with murder.
Noordin Haji’s bid flopped on Thursday when Nyakundi appeared before the High Court in Nairobi, owing to a pending manslaughter case in Kiambu.
Nyakundi’s lawyers put a spirited fight against plans by the prosecution to have him charged with murder, saying his manslaughter case has not been determined.
Defence lawyers John Khaminwa, Haron Ndubi and others argued that Haji must decide which case he wants to pursue, as the two cannot run concurrently.
Justice James Wakiaga directed the prosecution and Nyakundi’s lawyers to present their arguments on Friday after which he will issue directions.
Haji wants the lawyer to face a murder charge for fatally shooting his son in March in Muthaiga, Nairobi.
Nyakundi previously claimed the shooting was an accident.
Separately, Haji had filed an application seeking to terminate the manslaughter case so as to prefer murder charge.
The move was strongly opposed by defence lawyers, acting for Nyakundi and his family, who are represented by lawyer Danston Omari.
A ruling on the matter is set to be delivered on July 5.
