The Director of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) have told off lawyer Assa Nyakundi’s wife who raised hell when the State reviewed charges gainst her hubby from manslaughter to murder.
City lawyer Nyakundi was charged with manslaughter after he shot and killed his son Joseph Bogonko Nyakundi on March 17, but the state has applied to review the charges it believes are lenient.
The lawyer was charged with on April 26 at a Kiambu court and released on a cash bail of Sh300,000, but investigators want to prefer the more serious charge of murder.
Mrs Lydia Kung’a Nyakundi opposed the review in an application at the High Court, saying she was not consulted.
In his response on Tuesday, DCI boss George Kinoti said it is his discretion to review charges and that this cannot be challenged.
The DCI also said several DCI officers who handled the case had been interdicted.
He also noted that Mrs Nyakundi, being the mother of the deceased, is a competent and compellable witness under the Evidence Act.
Kinoti further said Mrs Nyakundi’s rights were not violated as she claims.
“The respondents herein have not violated the rights of the petitioner under the Victim Protection Act and neither has the petitioner presented any information to the respondents for action.”
In his affidavit, DPP Noordin Haji said, “I verily believe the decision to review the charges is constitutionally placed upon the first respondent (DPP) and that the petitioner herein, being a prosecution witness, is not objective to determine when and how the charges should be reviewed.”
Mrs Nyakundi sought High Court orders quashing plans to withdraw the manslaughter charge, saying the decision was being made “unilaterally, whimsically and arbitrarily”.
But the DPP termed Mrs Nyakundi’s action premature and noted that investigations had not been completed.
“Anyone found culpable will face the law,” the prosecutor said.
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