Lawyer Assa Nyakundi’s wife has moved to court seeking orders prohibiting the DPP, DCI and the Kiambu court from preferring any further charges against him relating to the shooting of their son.
Lydia Kung’a Nyakundi also wants orders to stay Kiambu magistrate court decision allowing the Director of public prosecution to withdraw the manslaughter charges preferred against her husband.
Lydia Kung’a Nyakundi accuses the DPP and DCI of not considering her and other victims in the case of their late son Joseph Bongoko Nyakundi
Lydia is seeking a declaration that her role as a victim is active and includes the right to be informed of any action that the respondents desire to take in any criminal proceedings preferred against the accused person in the murder of her son.
The applicant further wants the court to declare that the DPP and DCI actions of revealing and disclosing her name and that of her son as witnesses for the state is inimical to section eight of the victim protection Act.
She is also seeking orders to quash the decision by the Kiambu court allowing the DPP to unilaterally, whimsically and arbitrary withdrawal of the manslaughter charges against the lawyer.
Nyakundi was charged with manslaughter before the Kiambu magistrate’s court on 26th April and released on a cash bail of Sh 300,000.
“Unless this court moved with speed and protects the applicant and the rest of the victims, the respondent will continue to politicize and lead to the over publication of information without the victims involvement or consideration of their feelings,” says Lydia.
She states that the DPP, DCI and Kiambu court have treated her as inconsequential and unworthy of attention by often leading to the publication of her name, her son’s name and affecting the withdrawal of the manslaughter charges against her husband without her invitation or consideration of her view.
The lawyer had alleged that his gun accidentally went off leading to the death of his last born son at 29.
The DPP and DCI suspect foul play by the two investigating officer and prosecutors leading to the preferred charge of manslaughter.
The officers have since been interdicted.