The Director of Public Prosecution Noordin Haji has faced a set back in his bid to have City lawyer Assa Nyakundi charged with murder because of pending manslaughter charges.
Nyakundi’s legal team led by John Khaminwa, Haron Ndubi argued that the two cases can not run concurrently.
Nairobi High Court Judge James Wakiaga on Thursday directed the prosecution and Nyakundi’s lawyers to present their arguments on Friday 21.
Read: City Lawyer Assa Nyakundi Arrested, Taken To DCI Offices
Nyakundi, who is accused of killing his son, Joseph Nyakundi, was re-arrested on Wednesday days after he was released on bond.
His arrest came hours after Kiambu High Court Judge Christine Meoli recused herself from the Nyakundi’s case citing conflict of interest.
Meoli stated that the accused was her former classmate.
Also Read: Kiambu Judge In Assa Nyakundi’s Case Recuses Herself Ahead Of Hearing
Nyakundi was initially charged with manslaughter, after confessing to having accidentally shot his son on March 29 in Muthaiga, but the DPP applied for the charge to be dropped and substituted with murder charges.
The lawyer told the court that he was trying to holster his gun while in the car when he accidentally shot his son on the chest.
Also Read: Assa Nyakundi Not On The Run, Family Lawyer Danstan Omari Says
The Directorate of Criminal Investigations (DCI) boss George Kinoti last month interdicted two police officers assigned to probe the killing. Kinoti sated that investigations into the killing were bangled up.
Nyakundi’s legal team is opposed to the DPP’s move to charge their client with murder.
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