City lawyer too sick to appear in court over murder charges

Nairobi lawyer and murder suspect Assa Nyakundi, who was arrested in connection with the murder of his son, might not be present in court on due to illness.

The Prominent city lawyer Assa Nyakundi who is alleged to have shot his son accidentally, was missing from both the funeral service and the burial. Relatives said he is still being treated for low blood pressure at Nairobi Hospital.

Detectives investigation the circumstances under which the city lawyer shot and killed his son took a new twist after detectives stumbled upon 481 rounds of ammunition and two more guns in his house.

After the burial a court on Wednesday ordered the police to present the lawyer before a judge within 10 days following the shooting of his son Joseph.

Mr Samson Nyaberi, who is representing Mr Nyakundi, told Makadara Senior Principal Magistrate Angelo Kithinji that his client is very sick and could not appear before a court of law.

“My client is unwell as his condition keeps on fluctuating,” Mr Nyaberi said.

“His blood pressure is high and he needs to be in the hospital, but I am willing to go with the police to the hospital ward if they want to so that they can record a statement from my client,” he said.

Image result for investigating officer, Constable Godfrey Munene

The investigating officer, Constable Godfrey Munene, told the court that Mr Nyakundi was incoherent and unstable the last time he visited him.

“Your honour, I visited the suspect at the Nairobi Hospital and I can confirm that he is still sick, and I will need more time to see if I can record his statement,” Mr Munene told the court.

The magistrate directed the officer to get Mr Nyakundi’s statement and bring it to court on April 15.

On March 20, Mr Munene was directed to serve Mr Nyakundi with an application seeking to detain him for 14 days.

The officer then asked for 14 days to conclude the investigations, but the magistrate declined.

“The court cannot give orders for detention in the absence of the suspect. He needs to be served with the application so that he is made aware of it,” the magistrate ruled.

The Court rules Lawyer Assa Nyakundi not fit to stand trial; he is being accused of shooting son in unclear circumstances.

After the incidence he has been in hospital recuperating from shock. Just wondering how you would shoot your accidentally at the backseat?…..— Cyprian Nyakundi Escobar (@CisNyakundi) April 3, 2019

The magistrate further ordered that Mr Nyakundi be taken to court as soon as he is released from hospital.

In his affidavit, Mr Munene asked the court not to release the suspect as he might interfere with the ongoing investigations.

“The deceased is his biological son and family members, including his household employees are potential witnesses. We are apprehensive that if the suspect is released back to his home and normal life upon discharge from hospital, he might interfere with the witnesses who have not recorded their statements,” said Mr Munene.

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