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The court handed lawyer Assa Nyakundi his first win on Wednesday in his son's murder case.
Senior Principal Magistrate Teresia Nyangena ruled that the Director of Public Prosecutions (DPP) cannot withdraw manslaughter charges against Nyakundi who is accused of killing his son.
The DPP had filed an application to withdraw the manslaughter charges and substitute them with murder.
Son's shooting
Initially, DPP had preferred manslaughter charges against the lawyer but later wrote to the court seeking to withdraw the charges.
Mr Nyakundi is accused of fatally shooting his son Joseph Bogonko in March 2019.
The DPP argued that by the time Mr Nyakundi was being arraigned in court, investigations were still underway.
According to the public prosecutor, the forensic report and scene of crime report were not in the hands of the DPP by the time the lawyer was arraigned in court.
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