BY SAM ALFAN.
City lawyer Assa Nyakundi’s wife, Lydia Kung’a has moved to the High Court seeking to stay a decision by Director of public prosecution (DPP) Noordin Haji to withdraw manslaughter charges against her husband.
In her application filed under certificate of urgency through lawyer Danstan Omari Kung’a also wants the court to bar DPP, Director of Criminal Investigations George Kinoti and Chief Magistrate at Kiambu law court from preferring other charges against her husband relating to the shooting of their late son, Joseph Bongoko Nyakundi pending the hearing of the application.
Kung’a through lawyer Danstan Omari is seeking the orders on grounds that she was not involved when the state made the application to withdraw the manslaughter charges against her husband.
“Without my involvement or the consideration of the families views, the DPP, DCI and the trial court have violated my rights as a victim to be fully involved and informed about the case before court,” she claims.
Kung’a is further seeking a declaration that her role as a victim is active and includes the right to be informed of any action by the respondents (DPP, DCI and Kiambu magistrate court) desire to take in any criminal proceedings preferred against the accused person in the murder of her son.
“Unless this court moves with speed and protects the applicant (Lydia Kung’a) 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,” reads the court papers.
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.
The applicant further wants the court to call for proceedings before the Kiambu Magistrate’s court for the purpose of making further orders and directions as it considers appropriate to ensure the fair administration of justice.
“A declaration 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 8 of the Victim Protection Act,” she states.
Kung’a further claims that high ranking officers from the offices of the DPP and DCI have even gone to an extent of making public announcements through their constant interactions with the media that herself and his son-Noah Nyakundi are among the key prosecution witnesses, a fact that is hostile to the Victim protection’s Act.
According to the court papers, Kung’a says that on the March 17, 2019 she regrettably learnt from her husband lawyer that he had accidentally shot their son Joseph Bogonko and was rushing him to Aga Khan Hospital for specialized treatment, care and attention.
She further adds that she left the Mater Hospital where she had gone to visit a friend’s son who had been admitted therein and proceeded to Aga Khan Hospital where she was met with the devastating news about the demise of his beloved son
The application by Kung’a comes just a day after the DPP urged Kiambu law court to drop manslaughter charges against Nyakundi.
The DPP’s decision to withdraw the charges comes after DCI boss Kinoti disowned a manslaughter charge against Nyakundi.
Kinoti later interdicted two police officers assigned to probe the killing of Joseph Bogonko.
According to Kinoti, he says that they were not briefed on the final investigation file that was eventually taken to court for the Manslaughter charge.
He also says that the two senior officers alongside two prosecutors allegedly engaged in a “cover up” of the case which they believe there is overwhelming evidence to have a murder charge leveled against Nyakundi.
Nyakundi was charged with manslaughter last week on Friday at a Kiambu Court, after staying in Nariobi hospital for nearly two months after arrest over his son’s killing.
He is accused of shooting Joseph Bogonko his last born to death in what he claimed was an accidental shooting.
The city lawyer is accused of killing his 29-year-old son shortly after they left International Christian Centre along Mombasa Road on March 17.
Nyakundi has since dined the manslaughter charge and is out on a cash bail of Sh 300,000 or a bond of Sh 1 million pending the hearing on the case.
Justice John Makau directed lawyer Omari to serve DPP ,DCI and Kiambu Chief Magistrate Court and appear in court on May 7 for further directions.