The family of a city lawyer accused of killing his son now wants him to be allowed back home. The application came as Assa Kibagendi Nyakundi, who is facing manslaughter charges, opposed the move by the prosecution to terminate the case.
Through lawyer Shadrack Wambui, the family said Mr Nyakundi should be free to live in his home since it is not a crime scene in relation to the case. “The order by the court does not sit very well with Nyakundi’s wife who has been in the holy union with her husband for more than 40 years,” said Mr Wambui.
“The money that the accused is using to pay hotels can be channelled towards the welfare of the family,” he said.
Nyakundi's lawyer John Khaminwa supported the application. “What they are doing to Nyakundi is immoral. A family is an institution handed to us by God and must be respected at all cost. His wife and children are longing to have their husband and father back home”.
Nyakundi was on April 26 charged with manslaughter over the shooting to death of his son Joseph Bogonko on March 17 in Nairobi. He denied the charges and is out on bail.
Senior Principal Magistrate Teresia Nyangena ordered him not to visit his Muthaiga home or the surrounding area.
The magistrate also ordered the police to escort Nyakundi to his Muthaiga home to collect his personal effects.
His lawyer Cliff Ombeta told the court that the accused will live in Kilimani.
The family’s fresh demands came even as the Director of Public Prosecution (DPP) Nordin Hajji filed an application to enter a Nolle Prosequi the manslaughter charges.
Prosecution Counsel Catherine Mwaninki yesterday made an application in a Kiambu court seeking to terminate the charges facing the lawyer.
“I inform this court that the state intends that criminal proceedings against Assa Kibagendi Nyakundi, who is charged with the offence of manslaughter shall not continue,” said Ms Mwaniki.
However, Nyakundi opposed the application, saying it was a ploy by the prosecution to have him arrested so as to prosecute him with more serious charges.
Khaminwa termed the application an ambush and accused the DPP of abusing his powers.
He told the court they knew the state wanted his client to be discharged of manslaughter charges so that they could arrest him and prefer more serious charge against him.
“The Constitution is very clear that on any matter touching on the accused person, he or she must be involved. Mr Nyakundi was not involved and we know they want to prefer other charges against him” he said.
Khaminwa said they needed more time to respond to the application filed by the prosecution.
He said there was new development in the matter following the petition filed by Nyakundi’s wife at the High Court.
“The wife makes it very clear that she wants her husband back since the whole thing was an accident,” said Mr Khaminwa.
The prosecution, however, faulted the defense for opposing the application to terminate the case, saying it was of public interest.