The High Court has declined to set aside an order requiring embattled lawyer Assa Nyakundi to plead to a murder charge over the killing of his son in March.

Justice Daniel Ogembo yesterday ordered Nyakundi to appear before presiding judge Jessie Lesiit for directions over the plea taking on October 15.

“I am not convinced that I can revise justice Lesiit’s  order to have lawyer Nyakundi take plea. I have no jurisdiction to revise her orders,” said Justice Ogembo. 

“Justice Lesiit is still a sitting judge of the High Court as she has not assumed her new role as a Court of Appeal judge and ordered the parties to appear before her during the next mention date”.

 This is after defence lawyers John Khaminwa and Harun Ndubi pleaded with the court to hear the matter since Lesiit is on promotion to the appellate court. 

Khaminwa, in his submissions, also faulted Lesiit for ordering Nyakundi to take plea when several applications they had filed seeking to block his plea-taking had not been heard. 

In his second attempt, Nyakundi sought to stop the new charge, arguing that prosecution is trying to arm-twist the court to humiliate him and force through what they cannot prove.

They also accused Director of Public Prosecutions Noordin Haji of filing parallel prosecutions,  one on  manslaughter and the other on murder. 

Khamimwa argued that Nyakundi cannot be charged with murder when there is an active manslaughter charge yet to be terminated. 

Haji is yet to withdraw the manslaughter charges that Nyakundi had been preferred on at the Kiambu law  courts. 

Matter withdrawn

However, the prosecution, through Wangui Gichuhi said they have difficulties to have the Kiambu court matter withdrawn since the trial magistrate has been unwell.

She said they are expected to appear before court on October 17 for the hearing of their application to have the matter withdrawn.   

Nyakundi is expected to answer to charges of killing his son, Joseph Bogonko Nyakundi, by shooting. 

The lawyer killed his son on March 17, in Nairobi county in an incident he told police was accidental.

He was charged with manslaughter before the Kiambu magistrate’s court on April 26 and released on a cash bail of Sh300,000.