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Wife sues DPP for revealing she wants to testify against city lawyer in son’s death

The wife of lawyer Assa Nyakundi, who has been charged with killing his son, has moved to court to protest how Director of Public Prosecutions Noordin Haji revealed her name and that of her son as prosecution witnesses.

Mrs Lydia Kung’a Nyakundi and her son have been listed as witnesses in a manslaughter case against her husband.

Mr Nyakundi was on April 26 charged with manslaughter over the death of his son Joseph Bogonko.

Director of Public Prosecutions Noordin Haji is reviewing the case with plans to prefer the more serious charge of murder against the lawyer, who fatally shot his son on March 17.

But in the case filed before the High Court in Nairobi, Mrs Nyakundi is seeking orders quashing plans to withdraw the charges of manslaughter.

She said the decision was being made unilaterally, whimsically and arbitrarily. The High Court on Friday certified the matter urgent and directed that it be heard on Tuesday.

She said her role as a victim includes the right to be informed of any action that the DPP, the Directorate of Criminal Investigations and the court desire to take.

Mrs Nyakundi said that she has read media reports alluding to a cover up and collusion on the part of officers from the DCI in a bid to bungle up the trial.

She said that the DPP was in the process of withdrawing the charges without their participation. Further, she added that it is against her rights to be fully involved and informed of the trial.

In the application, Mrs Nyakundi said she regrettably learnt from her husband that he had accidentally shot their son and was rushing him to Aga Khan Hospital for specialised treatment.

“That unless this court moves with speed and protects me and the rest of the victims, the respondents will continue to politicise and lead to the over-publication of information without victims’ involvement or our emotions and psychological well-being,” she said.