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Lawyer who shot son sick, court told

By Lilian Chepkoech | April 4th 2019
Lawyer Assa Kibagendi Nyakundi.

A city lawyer who allegedly shot and killed his son is “too ill to appear in court”, his attorney told court.

Yesterday, Samson Nyaberi, who is representing lawyer Assa Kibagendi Nyakundi, told the magistrate that his client’s condition could not allow him to appear in court in person.

Anxiety attacks

Mr Nyaberi told Makadara Principal Magistrate Angelo Kithinji that it would be best to allow a detective accompany him to hospital to make further investigations.

Nyaberi said his client has been suffering anxiety attacks that keep making his blood pressure to rise. “It is for this reason that I urge the court to grant orders for the investigating officer to accompany me to the health facility, where the respondent is admitted and see whether he can record a statement since his mobility is a problem,” said Nyaberi.

Mr Nyakundi, who allegedly shot and killed his son Joseph Nyakundi, 29, failed to appear in court, a day after the son was buried.

The investigating officer, Vincent Langat, in his response, told the court that he was at the hospital a week ago and could attest to the truth of the claim.

He explained that the suspect was supposed to be discharged the following day, but his condition worsened.

“I would request for more time to allow the suspect get well,” said Mr Langat.

“I therefore request for another date when the mention can be made, to see whether the condition of the suspect will have improved.”

Medical report

The prosecution also confirmed that the suspect had been sickly, and not in a condition to record a statement.

It urged that an updated medical report be tabled during the next mention.

Ms Kithinji allowed the application, saying that the investigating officer should examine the suspect at the hospital, in the presence of his counsel, to determine whether his condition allows him to record a statement.

The matter will be mentioned on 15 April.

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