Lawyer Assa Nyakundi charged with manslaughter after DPP throws out murder charge

Lawyer Assa Nyakundi escapes dreaded murder charge

Mumbi Mutuko

April 26, 2019 11:30 AM

New development in Assa Nyakundi's case

Lawyer Assa Nyakundi who 'accidentally' shot and killed son

Lawyer Assa Nyakundi has escaped the dreaded murder charge after he shot and killed his son in unclear circumstances.

The city lawyer was charged with Manslaughter on Friday after he spent the night at the Muthaiga Police Station.

Mr Nyakundi is to take plea at Kiambu Law Courts before moving to Makadara Law Courts.

On Thursday, his legal team agreed with the prosecution to have Nyakundi detained for one day to enable them to complete their processes before they can officially charge him.

Manslaughter is an unlawful killing that doesn’t involve malice aforethought—intent to seriously harm or kill, or extreme, reckless disregard for life.

Lawyer Assa Nyakundi who 'accidentally' shot and killed son Pulse Live Kenya

Bail rejected

Notably, the absence of malice aforethought means that manslaughter involves less moral blame than either first or second-degree murder.

The Kenyan law defines manslaughter as an unlawful act or omission that causes the death of another person while murder is explained as causing of death of a person with malicious aforethought.

The punishment for manslaughter can be up to life in prison unless they prove there was no malicious aforethought that is showing there was no intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not.

On Tuesday, Mr Nyakundi's application for bail was rejected as chief magistrate H M Nyaga said it would be premature to set bail terms and would wait until the suspect was formally charged.

Mumbi Mutuko