A court in Nairobi has ordered to have lawyer Assa Nyakundi to be arraigned over the shooting of his son last month within ten days even after it emerged that he's in Nairobi Hospital.
Principal Magistrate Angelo Kithinji on Wednesday ruled that Mr Nyakundi, who admitted to have shot his son Joseph, should be subjected to the trial as per the law.
But lead investigations officer Godfrey Munene told the court that the suspect, was unable to be in court due to his deteriorating health at Nairobi Hospital.
“Your honour, I visited the suspect at the Nairobi Hospital and I can confirm that he is still sick, and I will need more time to see if I can record his statement,” Mr Munene told the court.
The Makadara court however, ruled that Mr Nyakundi should be arraigned before it within ten days to take plea over charges he's facing. Mr Nyakundi did not attend his son's burial at Lang'ata cemetery.
“The court cannot give orders for detention in the absence of the suspect. He needs to be served with the application so that he is made aware of it,” the magistrate ruled.
While Nyakundi's preliminary statement showed that he had shot his son accidentally, autopsy report however, contradicted his official report. According to the autopsy, Joseph was shot from outside at 90° after a confrontation.
Also, police investigations shows that he was not killed near Runda, instead, it's said that he could have murdered him along Museum Hill in Nairobi.