The Kiambu law courts magistrate who is handling the manslaughter/murder case of lawyer Assa Nyakundi has declined to recuse herself from handling the matter.
Senior Principal Magistrate Teresia Nyangena dismissed the application for recusal by the State saying there was no evidence to support it.
The Prosecution had argued that the Nyangena has no territorial jurisdiction to hear he case.
However, the Magistrate ruled that the court has jurisdiction to try the case and it is seized with the requisite jurisdiction to hear and determine it.
“I fail to be persuaded by the prosecution’s contention that the court lacks jurisdiction. Am in agreement with the stand taken by the counsel for the defense and the deceased family,” Nyangena ruled.
The magistrate further observed that the last ground of a possible contact with the trial court by unnamed persons with a view to influence the course of the trial is in her opinion the most serious of all grounds adduced and would make or cause any reasonable individual presiding over any tribunal duly constituted recuse him/herself without any slightest hesitation.
She added that however, this good sense ought also to be exercised with some bit of caution. In such instance armed with necessary intelligence or information, the prosecution ought to have been prudent enough to at least share with the court the information it has as to the source, manner and nature of the alleged contact,” ruled Nyangena.
The prosecution argued that the court demonstrated open bias in favour of the defense by allowing time to respond to the prosecution’s application for the discontinuance of this proceedings.
They argued that on the same day, the court did not allow them to reply to the application for more time by the defense.
The State further said the court lacked territorial jurisdiction to try the case and has been influenced and unable to be objective in the entire process.
Nyakundi is accused of killing his last born son under unclear circumstances.
