- On Monday, detectives handed over the lawyer’s medical report to court as ordered 12 days ago by Makadara Senior Principal Magistrate Angelo Kithinji.
- He told police that he accidentally pulled the trigger of his Glock pistol, discharging one bullet that hit his son accidentally.
Weary, lonely, and confused, city lawyer Assa Nyakundi sat inside his hospital room on Wednesday, waiting, as he has done for the past one month, for his date with destiny over the shooting of his son in a Nairobi suburb.
Admitted to the hospital after complaining of high blood pressure soon after the incident slightly over a month ago, Mr Nyakundi is on round-the-clock police guard at The Nairobi Hospital.
Every visitor to his room at Ward LMF on the third floor is screened, perhaps for security purposes, but it is the gravity of the matter facing him that could sink him.
And he appears to have finally realised that no matter how long he stays in his hospital bed the police officer outside his room will wait for him.
“I have never been to a police cell, but if they take me to prison it will not be worse than losing my son in the way it happened,” he told the Nation in his first interview since the incident. “There is nothing more to lose at this point. I have lost everything.”
Two weeks ago, his son Joseph, whom he says he accidentally shot as they drove home from church, was buried in a low-key ceremony at Lang’ata Cemetery in Nairobi.
And on Monday, detectives handed over the lawyer’s medical report to court as ordered 12 days ago by Makadara Senior Principal Magistrate Angelo Kithinji.
The police have also finally managed to record his statement after being unable to do so for weeks over his alleged medical condition.
If the police think he has a case to answer and the Makadara court, after perusing his medical report, says he is fit to stand trial, Mr Nyakundi, who has spent decades defending criminals, will now have to defend himself.
The matter is scheduled to come up again in court on Wednesday next week. “If it turns out there will be a trial, I will defend myself and my lawyers will do their bit because it was an accident. Nothing can change that,” he said.
But it is not just the date with justice that is giving Mr Nyakundi sleepless nights. On the family front, differences in opinion soon after he shot his son have caused a major split.
His other son Noah, whom we last saw crying uncontrollably at his brother’s graveside in Lang’ata, has never visited his father in hospital.