NAIROBI, Kenya, May 3 – The wife of city lawyer Assa Nyakundi, Lydia, has filed an urgent application seeking to quash the decision of the Director of Public Prosecution to withdraw manslaughter charges against him.
Lydia Kung’a Nyakundi also wants an order prohibiting the DCI and DPP from preferring further charges related to the shooting of their son the late Joseph Bogonko Nyakundi.
The applicant through her lawyers Danstun Omari and Shadarack Wamboi, says the court should issue an order calling for proceedings before the Chief Magistrate in Kiambu where Nyakundi was charged, for purpose of making further directions over withdrawal of the case.
The lawyers say the DCI and DPP did not inform her of their decision to withdraw the manslaughter charge.
“The said exercise of discretion by the DPP is inimical to the Constitution 2010, the Victims of Protection Act 2014 and looks down the rights of the applicants,” the lawyers argued.
The petition will be placed before the duty judge for directions.