The High Court has scheduled the hearing of an application filed by prominent city lawyer Assa Nyakundi seeking to halt an inquest aimed at determining the cause of death of his son, Joseph Bogonko Nyakundi, on October 21, 2025.

Justice Bahati Mwamuye on Tuesday fixed the hearing date after declining to issue conservatory orders that would have suspended the inquest initiated by the Director of Public Prosecutions (DPP) Renson Ingonga, currently pending before the Nairobi Chief Magistrate’s Court.

Senior Counsel John Khaminwa, who is representing Nyakundi, had urged the court to issue interim orders on the application filed on May 21, 2025, seeking to suspend Inquest No. 303 of 2023. 

“We seek that the court issue conservatory orders to keep in abeyance the ongoing inquest into the death of the son of lawyer Nyakundi, pending before the Nairobi Chief Magistrate’s Court, until the hearing and determination of this petition,” Khaminwa submitted.

He further requested the court to certify the matter as raising a substantial question of law and refer it to the Chief Justice to constitute an expanded bench.

“I also urge the court to make a finding on the prayer of certification of the case and refer the matter to the Chief Justice to form an expanded bench to determine the matter,” Khaminwa added.

Khaminwa argued that under the current Constitution, the DPP lacks the power to direct a court to hold an inquest, particularly in a matter relating to the alleged killing of Nyakundi’s son. 

He also contended that the DPP’s decision violates a ruling by a three-judge High Court bench comprising Justices Grace Nzioka, Jesse Nyagah, and Doreen Chepkwony on the same issue.

However, Justice Mwamuye declined to issue conservatory orders halting the ongoing inquest, stating that it would be improper to make such orders in the absence of the DPP and the Nairobi Chief Magistrate’s Court, both of whom are respondents in the matter and had not filed responses.

The judge directed the DPP and the Nairobi Chief Magistrate’s Court to file their responses within 14 days.

 Nyakundi was ordered to submit his written submissions within 21 days, with a 14-day window allowed for rebuttal submissions ahead of the October hearing.

Justice Mwamuye further directed Nyakundi’s lawyers to serve the DPP and the Chief Magistrate’s Court with the orders and file an affidavit of service by the close of business Today, June 18, 2025.

The petition stems from the DPP’s decision to initiate an inquest after withdrawing manslaughter charges against Nyakundi at the Kiambu Law Courts. 

This followed a High Court ruling by a three-judge bench, led by Justice Nzioka, allowing the DPP to withdraw the manslaughter charge and substitute it with a charge of his choice.

Initially, the DPP had sought to press murder charges against Nyakundi over the death of his son, Bogonko, who was fatally shot on March 17, 2019. 

Nyakundi was arrested for allegedly shooting his 29-year-old son in Nairobi.

The lawyer claimed the shooting was accidental and occurred while holstering his firearm inside their car. 

However, an autopsy later contradicted this account, suggesting the bullet had been fired from outside the vehicle, pointing to a possible confrontation.

Nyakundi was subsequently charged with manslaughter, but the DPP moved to withdraw that charge and substitute it with murder, citing new evidence.

 However, the then Kiambu Senior Principal Magistrate Teresa Nyangena declined the request, ruling that the DPP had not presented the alleged new evidence to justify the substitution. 

She further noted that the DPP’s powers to discontinue proceedings were not absolute.

Dissatisfied, the DPP moved to the High Court seeking a review of the magistrate’s decision. 

Through Senior State Counsel Gikui Gichuhi argued before the bench that the original manslaughter charge was based on the evidence available at the time and that further investigation, including ballistic and forensic reports, necessitated a review of the charge.

“The decision was subject to a review upon receipt of all the pending evidence, including the ballistic expert report, government analyst report, post-mortem examination report, and a copy of the firearm certificate (forensic crime scene reconstruction report),” Gichuhi told the court.

On the other hand, Nyakundi’s legal team, led by Khaminwa and Harun Ndubi, maintained that the DPP’s actions were unconstitutional, unreasonable, and amounted to an abuse of court process.

Khaminwa argued that the DPP had failed to provide sufficient grounds for the review and that the application resembled an appeal rather than a legitimate review.

 He contended that the termination of the Kiambu proceedings and the attempt to press a murder charge amounted to a misuse of prosecutorial powers.

As it stands now, Nyakundi remains a free man as both the manslaughter charge and the proposed murder charge have been quashed.