Nairobi lawyer Assa Nyakundi will be now be charged with murder after the High Court refused to stop his prosecution with the fresh charges.

In a Monday ruling, Justice Daniel Ogembo rejected his application to bar Director of Public Prosecution (DPP) Noordin Haji from charging him with murder as his manslaughter case was ongoing at the Kiambu Court.

In dismissing it, Justice Ogembo said Nyakundi’s application lacked merit and ruled that DPP Haji did not abuse any legal process by introducing the murder charge against him.

The DPP had last year sought to terminate the manslaughter charge against the lawyer and instead prefer murder charges against him based on newfound evidence in ongoing case.

Nyakundi, who is out on bail, is accused of murdering his 29-year-old son, Joseph Bogonko, in March 2019 but claims he accidentally shot and killed him as they headed home from church.