The High Court has allowed an inquest into the death of Joseph Nyakundi, the son of city lawyer Assa Kibagendi Nyakundi, to proceed, dismissing his father’s application to suspend the inquiry over concerns that it violates his constitutional rights.

Justice Gregory Mutai declined to issue conservatory orders stopping the proceedings at the Milimani Law Courts, ruling that the lawyer had failed to demonstrate sufficient grounds to warrant the intervention of the court.

The judge observed that the public has a legitimate interest in establishing the circumstances surrounding Joseph’s death, particularly given that a firearm was allegedly involved.

He noted that the inquiry should not be subjected to further delays after years of legal battles surrounding the incident.

“Any further delay can only diminish the value of the inquiry,” Justice Mutai said.

The judge acknowledged that Joseph’s family supports the lawyer’s application but maintained that the public interest in establishing how the young man died extends beyond the immediate family.

Nyakundi had moved to the High Court seeking to stop the inquest, arguing that it disregarded previous court decisions, infringed on his right to a fair trial and amounted to what he termed a media prosecution by the Director of Public Prosecutions (DPP).

He also wanted the matter referred to the Chief Justice for the constitution of a three-judge bench to hear his petition.

However, Justice Mutai declined to grant the request, finding that the lawyer had not satisfied the legal threshold for conservatory orders.

The judge further observed that the substantive petition could still be determined regardless of whether the inquest proceeds, adding that the court retains the power to grant appropriate relief should Nyakundi ultimately succeed.

Joseph died on March 17, 2019, while travelling home with his father after attending church. According to Nyakundi, a firearm was discharged inside the vehicle, resulting in his son's death.

The incident triggered a series of criminal proceedings that have seen the lawyer face different charges over the years.

Nyakundi was initially presented before the Makadara Chief Magistrate’s Court, where the prosecution indicated that investigations into the death had been completed.

He was subsequently charged with manslaughter at the Kiambu Law Courts.

In May 2020, the trial court rejected an attempt by the DPP to terminate the proceedings through a nolle prosequi.

The prosecution later pursued murder charges against the lawyer at the High Court, prompting further litigation over the legality of the proceedings.

In April 2021, a three-judge bench was constituted to hear the dispute after the DPP challenged the earlier decision.

The latest ruling means the inquest into Joseph’s death can continue as Nyakundi’s constitutional petition remains pending before the High Court.