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Nyakundi’s son: Wife now wants husband set free over son’s killing



The case in which city lawyer Assa Nyakundi is charged with killing his son took a new twist Friday when it emerged that his wife, who was one of the key prosecution witnesses, recanted her initial statement implicating him and now wants him back home.


Mrs Lydia Nyakundi — in submissions by her lawyers and those representing Mr Nyakundi — told the court that she has accepted the situation and moved on and wants to reunite with her husband, who was two weeks ago ordered not to go to his house.

Mr Nyakundi has been charged with killing his last-born son Joseph Bogonko on March 17 in mysterious circumstances. He was charged with manslaughter in what Director of Criminal Investigations (DCI) George Kinoti believes was a result of bungled investigations.

His wife and eldest son Noah Nyakuru were witnesses in the case, which the Director of Public Prosecutions (DPP) now wants terminated and the lawyer discharged after details emerged that there were deliberate cover-ups by investigators.

On Friday, the DPP made a nolle prosequi application before Kiambu Principal Magistrate Teresia Nyangena and hinted that prosecutors intended to lodge more serious charges against Mr Nyakundi.


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Mr Kinoti interdicted investigating officers in the case and ordered a public inquiry into what he called a “major cover-up”.

But Mrs Nyakundi’s lawyers told the court that she considered the death of her son an “accident”.

They told the court that she had carried out her own investigations and established that it was not murder and that her husband is innocent.


“A ground has been given as to what led to the death of our dear son, it was an accident (and) that has been said clearly. The wife has actually admitted that that was an accident (and) she has believed her husband. She has done her own investigations and discovered that it was an accident,” Mr Khaminwa said.

The development is likely to complicate matters for prosecutors, who were hoping to use Mrs Nyakundi and Mr Nyakuru’s testimony to nail the lawyer.

The lawyers asked the court to review orders issued last week barring Mr Nyakundi from accessing his Muthaiga home or contacting his family on the grounds that they wanted him back and that barring him from his home was wicked and immoral.

Mrs Nyakundi’s lawyers argued that barring him from his family did not sit well with the victims, particularly the wife, “who has been in a holy union with the accused person for over four decades”.

The burial of Lawyer Nyakundi’s son. FILE PHOTO

Mr Nyakundi’s lawyers said the accused, who has been living in a rented apartment in Kilimani following the court order, should be allowed “to rejoin his lovely wife and children”, saying they are willing to take him back, an eventuality the court cannot stop.

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“What you (prosecution) are doing to Nyakundi is wicked, immoral and completely unacceptable. We cannot destroy a family in this manner. We are destroying Nyakundi’s family, his wife is longing for her husband,” said lead defence lawyer John Khaminwa.


“No woman in her senses, knowing or having any evidence that her husband is responsible for the death of her son, would want to have him back and share the same roof and bed. No woman would do such a thing. The woman in this particular case wants her husband back, the children want their father back,” he told the court and accused the DPP of acting recklessly.

He claimed that the DPP wanted the lawyer discharged so that they could have him rearrested, given the huge presence of police officers in court precincts.

But prosecutors argued that the claims were not in good faith, saying it was shocking that Mrs Nyakundi appeared uninterested in pursuing justice for her son even after new evidence indicated that the offence was not manslaughter. Mrs Nyakundi, they said, was a witness who had already recorded a statement under Section 127 of the Evidence Act.

The hearing continues on Friday next week.


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Father John Pesa fined Sh500,000 for detaining mentally ill KCSE student 




Holy Ghost Coptic Church preacher Father John Pesa was ordered to pay Sh500,000 as compensation fee to a 2017 Kenya Certificate of Secondary Education (KCSE) student he detained for nearly two years.

The cleric was accused of detaining the student from July 2017 to May 2019, forcing him to miss sitting national exams.

Parents of the boy argued that they took their son for prayers at Pesa’s church after they found out that he was ill.

Pesa reportedly detained the student using heavy metallic chains and declined to release him as per the wish of his parents.

A psychiatrist based in Kisumu ascertained that the student was mentally ill, a condition which prevented him from focusing on his school work.

Pesa refuted that he tortured the student, arguing that the court failed to present medical documents for clarity purposes.

High Court Judge Tripisa Cherere ruled that everyone has the right to education which should not be compromised on the basis of one’s religious beliefs.

She added that the student’s freedom of movement was also curtailed.

“In this respect, I am persuaded that the 3rd Respondent not only failed in his duty to take the student to school but by removing him from school, also breached his right to education. Detaining him also subjected him to psychological torture,” she ruled on Thursday, October 22.

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Kenyan lawyer Nzamba Kitonga is dead



Nzamba Kitonga, a Kenya lawyer who played a pivotal role in drafting the 2010 constitution, is dead. Kitonga died of cardiac arrest on Saturday evening, a government official said quoting the family. He was aged 64.

“He is dead. He suffered cardiac arrest,” the official said.

Kitonga’s death is a big blow to the legal fraternity and the country, coming at a time the document he helped craft is being subjected to a review under the Building Bridges Initiative jointly spearheaded by President Uhuru Kenyatta and former Prime Minister Raila Odinga.

The BBI report due to be formally unveiled to the public on Monday, October 26, has substantial changes altering the governance model adopted under the 2010 constitution.

Proposed changes include the adoption of a hybrid presidential-parliamentary system under which an elected President appoints a Prime Minister from among members of the majority party in the National Assembly.

The BBI also proposes the appointment of two deputy Prime Ministers and ministers from within the membership of the National Assembly.


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Couple’s pain after woman offers to hold baby, then disappears without a trace



A couple’s five-month-old baby boy is missing after a woman who visited them in Utawala offered to hold him to allow his mother time to finish washing her clothes on Wednesday afternoon.

At the time, baby Harold Ochieng was crying and his mother, 24-year-old Pauline Ilenje, who had strapped her baby to her back, needed time to finish with her laundry.

“She requested to hold him until I was done with cleaning and I agreed,” said Ochieng’s mother.

Unbeknown to her, the intention of the woman, only identified as Aisha, was not good. Pauline unstrapped her child and handed him over to the woman without any qualms. Aisha is said to have been visiting the couple’s neighbour that day.

After finishing her laundry, Pauline realised that the woman who had offered to hold her baby had vanished.

What followed later were hours of panic and a painful search for her baby as the reality that her child had been stolen started hitting home.

Shocked at the turn of events, Pauline made frantic calls to her husband David Ochieng (43), a casual labourer, but she could not reach him.

“I then rushed to Utawala police post to file a report where the officers told me to look for my neighbour and report back to the station with him,” she said.

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At around 1pm, her husband called her and informed her that he would join her in the search but, before getting home, he called their neighbour asking for the whereabouts of his visitor.

At around 4pm, the neighbour returned and left in a rush but the couple caught up with him and reported back to Utawala police post for questioning.

She came and left quickly

“Officers at the station then asked us to search for Aisha, whose house we traced to Githunguri in Kiambu County. However, we did not find her there. The door was open but no one was inside. Neighbours told us they spotted her come and leave with a baby and a bag,” Pauline’s husband says.

The couple then returned to Utawala to update the police on their findings, but they were referred to Ruai police station where they were asked to continue with the baby’s search until yesterday afternoon.

“We wondered how we could continue with the search even past curfew hours but we did it anyway without a police escort,” said the baby’s father.

The couple decided to return to Githunguri where they were hopeful that they might find the woman at her house.

Unfortunately, the woman had not returned. Instead, they found a young girl identified as Diana who confirmed that the woman lives there but was not in.

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Yesterday, the couple returned to Ruai police station where they recorded a statement and shared their child’s image for circulation.

“The officers informed us that they are tracking the woman’s phone to establish her whereabouts,” Pauline told the Nation.

Police also questioned the couple’s neighbour and the girl who was found at the woman’s house in Githunguri.

“Our neighbour now claims that the woman was his laundry person and not the girlfriend,” she said.

Officers at Ruai police station declined to comment on the matter.

by Nationafrica

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