DPP withdraws manslaughter charges against lawyer Nyakundi

City Lawyer Assa Nyakundi at Kiambu Court where he was charged with manslaughter after he allegedly accidentally shot his son on March 17. [Kamau Maichuhie/Standard]
The Office of Director of Public Prosecutions has withdrawn manslaughter charges against lawyer Assa Kibagendi Nyakundi.

Yesterday, prosecution counsel Stella Oyagi made an application seeking the court’s leave to withdraw the charges.

Ms Oyagi read a letter to Senior Principal Magistrate Teresia Nyangena dated April 30, from the Assistant DPP Tom Imbali, saying they sought to have the charges against the accused withdrawn.

“The plea was taken on April 27, and a mention date set for May 10 for pre-trial. We wish to get an earlier mention date before the trial court for the purposes of making an application to have charges against the accused person withdrawn,” read the letter.

The magistrate granted the prayers by the prosecution but said the mention date remained May 10, since the file was being reviewed by the DPP.

The DPP's decision to withdraw the charges comes 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 progress of the probe.

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Already, two detectives have been interdicted over claims that they bungled investigation into the killing of the lawyer’s son.

Kinoti said they would apply to have fresh charges but added it was up to the court to determine if it should be manslaughter or not. Nyakundi was on Friday last week charged with manslaughter for shooting dead his son, Joseph Bogonko Nyakundi, on March 17, in Nairobi.

He denied the charges and was released on Sh1 million bond or a cash bail of Sh300,000.

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