The High Court has refused to stop the inquest into the death of Joseph Nyakundi, the son of Nairobi lawyer Assa Nyakundi, clearing the way for a magistrate to continue examining how the young man was shot dead inside his father's car more than seven years ago.

Justice Gregory Mutai of the Milimani Law Courts declined to issue conservatory orders sought by the lawyer, who had asked the court to suspend the inquiry until his constitutional petition is decided. The judge also declined a request to refer the matter to the Chief Justice for the appointment of a three-judge bench.

Why the court said no

In his ruling, reported by The Standard, The Eastleigh Voice and People Daily, Justice Mutai found that Nyakundi had not met the threshold for conservatory orders. He noted that the public has a legitimate interest in establishing how Joseph died, especially because a firearm was involved.

"Any further delay can only diminish the value of the inquiry," the judge said.

He added that an inquest is not a criminal trial and does not decide anyone's guilt. Nyakundi, he said, would be free to take part in the proceedings and contest any findings. His petition remains alive and can still be determined, and the court can grant him relief if he succeeds.

The lawyer's case

Nyakundi had argued that the inquest ignored earlier court decisions in the long-running matter, infringed his right to a fair trial and amounted to a "media prosecution" by the Director of Public Prosecutions (DPP). Members of Joseph's family backed his application.

A case that has dragged on since 2019

Joseph died on March 17, 2019, as he travelled home with his father from church. Nyakundi has maintained that his licensed firearm went off accidentally inside the vehicle.

  • The lawyer was first presented before the Makadara Chief Magistrate's Court after the shooting
  • He was later charged with manslaughter at the Kiambu Law Courts
  • In May 2020, the trial court rejected the DPP's bid to withdraw that case through a nolle prosequi
  • Prosecutors later moved to pursue a murder charge at the High Court
  • In April 2021, a three-judge bench was set up to hear the dispute over the DPP's decisions

The inquest, registered at the Milimani Chief Magistrate's Court in 2023, is meant to establish the cause and circumstances of Joseph's death. Its findings could inform any further decision by the DPP on prosecution.

Nyakundi has consistently denied wrongdoing, and no court has found him culpable for his son's death. The inquest will now continue before the magistrate's court, while his constitutional petition proceeds separately at the High Court.

Photos: The Eastleigh Voice (Milimani Law Courts); Wing via Wikimedia Commons (CC BY-SA 3.0). Thumbnail design: HAMASTA MEDIA.