Director of Public Prosecution Noordin Haji has accused a Magistrate handling lawyer Assa Nyakundi's murder case of bias, adding that she has colluded with the accused.
Through Catherene Mwaniki, the DPP has accused Teresia Nyangena of being unfair as the prosecution team battles to have Nyakundi charged with murder. He had initially being charged with manslaughter.
“I have perused the court file and noted that the magistrate did not record our response to the objection. If the prosecution is aggrieved, it could go to the High Court,” Ms Mwaniki said.
“Noting the intelligence information indicating that there was contact to influence the court … we ask this court the rescue itself in the interest of justice. Justice must be seen to be done. The court must be impartial.”
DCI George Kinoti asked the DPP to drop manslaughter charges against Nyakundi, arguing that officers investigating the case had been compromised. They have since been interdicted.
Nyakundi is accused of murdering his youngest son Joseph Nyakundi in March. He however maintains that it was accidental despise autopsy report showing that the deceased struggled with the assailant.
Defense lawyer John Khaminwa however, dismissed DPP's application on Monday. He dared the DPP to walk out of the case if they wished to.
“Put your foot down and reject this application for recusal … These grave allegations … are meant to intimidate the court. Do not abandon the proceeding. If she wants to walk out of the case, let her do so,” Dr Khaminwa said.