Lawyer Danstan Omari has defended Director of Public Prosecutions (DPP) Renson Ingonga, responding to claims that his office has withdrawn high-profile graft cases.
Speaking on Tuesday, Omari clarified that the DPP does not have unilateral powers to terminate a matter once it is before a court.
He explained that any withdrawal of a case must be approved by a judge or magistrate.
“The DPP has no power to terminate a matter in court. The DPP will review the file, approach the presiding magistrate or judge, and make an application to be allowed to withdraw. It is the court that authorises the withdrawal,” Omari said.
He noted that under the previous constitution, the DPP could use the power of nolle prosequi to directly terminate cases, but that authority no longer exists under Kenya’s current legal framework.
“Today, a matter will only be withdrawn with the leave of the court. Reports suggesting the DPP has been withdrawing matters are not accurate. In some cases, the court has even rejected withdrawal and directed the DPP to proceed,” he added.
Omari emphasised that the final decision on whether a case is withdrawn rests with the courts, not the Office of the DPP.
His comments follow concerns raised by lobby groups regarding the handling of certain corruption cases.
The lobby group Justice & Equity for Kenya stated that it believes some actions by the DPP’s office may be slowing prosecutions in high-profile matters.
“The DPP should ensure that prosecutions proceed according to the law,” the group said.
The group also expressed concern over the withdrawal of certain cases and called for accountability in the handling of politically sensitive matters.
It warned that it may consider pursuing legal or other remedies if it believes there is a consistent pattern in case handling that warrants review.
