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Win for DPP Haji as court grants him prosecution powers

The Court resoluted that the power to file charges before courts belongs to the DPP

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by SHARON MWENDE

News24 March 2022 - 16:21
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In Summary


• The Court ruled that the power to file charges before courts belongs to the DPP and not the Inspector General of Police.

• The court also found that the DPP's 2019 Decision to Charge Guidelines which are internal guides for prosecutors are constitutional and valid.

FILE: Activist Okiya Omutata in a mombasa court Mar 31 2014 where he alleged his life is in danger after two unknown people approached him and show him guns./NOBERT ALLAN

The High Court on Thursday dismissed a Petition challenging the Director of Public Prosecution Noordin Haji's powers to file criminal charges.

In a Kabarnet sitting, Justice Weldon Korir dismissed the Petition by Activist Okiya Omutata.

The Court ruled that the power to file charges before courts belong to the DPP and not the Inspector General of Police.

Justice Korir added that the police have no power to draft charges and take them to court without the authority of the DPP.

He further asserted that the DPP has powers to direct all investigative agencies to conduct investigations, to guide and assist such investigative agencies.

As such, Justice Korir added that DPP Haji not only has powers to direct the IG to conduct investigations but also to expect and receive a report of such investigations.

The court also found that the DPP's 2019 Decision to Charge Guidelines which are internal guides for prosecutors are constitutional and valid.

The petition was triggered by supremacy wars between the two constitutional bodies overcharging of criminal suspects.

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