NAIROBI, Kenya, May 7 – The Director of Public Prosecutions Noordin Haji says his decision to review the criminal case against city lawyer Assa Nyakundi is at his discretion and cannot be challenged.
The DPP in a replying affidavit to the application by Nyakundi’s wife Lydia Kung’a, says that she’s a prosecution witness and cannot determine when and how the charges should be reviewed.
“The applicant is the mother to the deceased and is a competent and compellable witness under the Evidence Act,” he says.
The DPP argues that the application has no legal or factual basis and should be dismissed.
Lydia’s lawyer Danstun Omari, told Justice James Makau, that he need time to respond to the reply by the DPP and sought time to consult his client.
The judge directed that Kiambu Chief Magistrate be served with the application and respond within seven days.
Justice Makau further directed parties to file their responses and the matter be mentioned on May 28, 2019 to confirm compliance.
Lydia filed an urgent application seeking to quash the decision of DPP to withdraw manslaughter charges against her husband Nyakundi.
She also wants an order prohibiting the DCI and DPP from preferring further charges related to the shooting of their son Joseph Bogonko Nyakundi.
The applicant through her lawyers Omari and Shadrack Wamboi, says that the court should issue an order calling for proceedings before Chief Magistrate in Kiambu where Nyakundi was charged for purpose of making further direction over the withdraw of the case.
The lawyers say the DCI and DPP did not inform her of their decision to terminate the case.
“The said exercise of discretion by the DPP is inimical to the Constitution 2010, the Victim of Protection Act 2014 and looks down the rights of the applicants,” the lawyers argue.