Director of Public Prosecutions office has confirmed that 'fresh evidence shows lawyer Assa Nyakundi committed a serious offense', adding that he will face murder charges.
In April, DCI George Kinoti rejected manslaughter charges pursued against Nyakundi, arguing that there was an attempt to cover up the murder case against the lawyer.
Nyakundi, 60, is accused of murdering his youngest son Joseph Nyakundi, who was buried at Lang'ata cemetery. He did not attend the funeral since he was still admitted at Nairobi Hospital.
Two officers who were investigating the alleged murder, were interdicted for allegedly concealing evidence. They did not enter autopsy and ballistic reports in charge sheet.
Before he was arraigned in court, his eldest son Noah Nyakundi, had accused him of murdering Mr Joseph. However, he has since recanted his evidence.
Through prosecutor Catherene Mwaniki, DPP has also expressed reservations in Magistrate Teresia Nyangena, who is handling the case.
“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.”
But defense lawyer John Khaminwa protested her request, arguing that she should drop the case if the DPP is not ready to carry on.
“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.
There were protests before Joseph's burial after the immediate family wondered why Joseph was not buried in Gusii. His elder brother Noah made a decision to bury him at Lang'ata cemetery.