The state prosecution wants the court to issue a warrant of arrest against Assa Nyakundi who is charged with manslaughter for failing to appear in court as required by law.
This even as the much awaited ruling on whether Senior Principal Magistrate Teresia Nyangena will recuse herself from a case in which the city lawyer is charged with manslaughter failed to take off after the Magistrate failed to appear in court.
Kiambu Senior Principal Magistrate Teresia Nyangena who is accused by the prosecution of bias in the case is said to have been unwell.
The State Prosecution led by senior Counsel Catherine Mwaniki called upon the court to have a skeleton file to have Assa Nyakundi arrested since he did not appear in court.
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Catherine said that the accused should have been in court but he never appear nor his counsel.
Magistrate Brian Khaemba had initially slated the matter for mention next Monday before the prosecution later found out that the ruling on the matter has been slotted for July 5.
Prosecution Counsel Catherine Mwaniki on May 17 filed an application seeking to have the magistrate excuse herself from hearing the case.
She claiming they had intelligence information indicating prior contact to influence the court on the matter.
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