, NAIROBI, Kenya, Jul 9 – The Director of Public Prosecution will file an application to Chief Justice David Maraga seeking the appointment of a three-judge bench to hear and determine a petition filed by lawyer Assa Nyakundi.
Nyakundi who is facing trial for the murder of his son Joseph has challenged a second charge of murder having been previously charged with manslaughter in relation to a shooting incident on March 11.
He is accused of having shot and killed his 29-year-old son.
Senior Assistant Director of Public Prosecution Alexander Muteti on Tuesday told Lady Justice Jessie Lesiit, that the issues raised by Nyakundi’s advocates are weighty that requires to be heard by a bench.
Lawyers who appearing for Nyakundi have questioned the constitutionality and validity of the second criminal charge preferred against him by the office of the DPP.
Lawyers Dr John Khaminwa and Harun Ndubi filed a motion seeking to quash the murder charge, citing abuse if power.
They argued that having charged the accused with a manslaughter offence the prosecution cannot by law indict him with a murder charge.
The judge directed that the Prosecution do file a formal application and the matter be heard by Justice James Wakiaga on July 18.
Lady Justice Lesiit also directed that the application be served upon the lawyers Danstun Omari and Shadarack Wambui both representing the victim.
“This are issues we seriously intent to rise at the hearing of the application,” the judge heard.
The lawyers submitted that they want to question the abuse of office and exercise of powers by the DPP under Section 157 of the Constitution (2010) which gives him the authority to charge any individual.