POWERS TO PROSECUTE

Court suspends ruling giving DPP absolute powers to charge suspects

The appellate court has stayed the execution of the judgement by Justice Antony Mrima

In Summary

•Kariuki had filed a petition opposing the charge sheet used to prosecute him arguing it was illegally drafted by the DCI instead of the ODPP.

•But the Attorney General appealed the case claiming Mrima erred in his ruling.

Gavel.
Gavel.
Image: FILE

The court of appeal has suspended the decision that gave the Office of the Director of Public Prosecutions (ODPP) powers to draft charges.

The appellate court on Wednesday stayed the execution of the judgement by Justice Antony Mrima that ruled that it’s the DPP office that can draft charge sheets.

In the case filed by Humphrey Kariuki and seven others against the ODPP, Chief Magistrate's court, Milimani Law Courts and  DCI, Justice Mrima had ruled that the DCI had no legal mandate to prosecute a case.

Kariuki had filed a petition opposing the charge sheet used to prosecute him arguing it was illegally drafted by the DCI instead of the ODPP.

Justice Mrima agreed with their submission and barred any court from acting on any matter prosecuted by the DCI.

Mrima ruled that only the ODPP has the legal mandate to prosecute cases.

But the Attorney General appealed the case claiming Mrima erred in his ruling.

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