The Director of Public Prosecutions (DPP) is pushing for the formation of a three-judge bench to hear the case against city lawyer Assa Nyakundi.
In light of Nyakundi’s submissions challenging the legality of the murder trial arising from the killing of his son, the DPP said he will make an application to Chief Justice David Maraga to constitute a bench that will determine the gravity of the charges at hand.
This development comes amid pressure from the defense to have one of state’s representative removed from the case over personal differences with the city lawyer.
The prosecution argues that the case against Nyakundi raises substantive constitutional issues and should not be heard by a single judge. But the city lawyer holds a different view.
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Through his lawyers, Nyakundi is challenging the powers of the DPP to withdraw manslaughter charges and institute murder charges against him.
Appearing before high court judge Luka Kimaru, the defense team argued that the application by the DPP must not see the light of day given that the manslaughter charges against the city lawyer are still pending at Kiambu law courts and the two cases cannot run concurrently.
Nyakundi further wants Catherine Mwaniki, one of the counsels representing the DPP, to be removed from the case over allegations of misconduct and personal differences with the accused.
After hearing submissions from both parties Justice Luka Kimaru referred the case to Justice Jessie Lessit who instead passed the matter to Justice James Wakiaga who will hear the case on July 18th.
In the meantime, Nyakundi will continue to enjoy his freedom after the court extended his bond of a 300,000 shillings cash bail.
