The Court of Appeal has suspended the High Court decision that exclusively gave power to the office Director of Public prosecution to draft charge sheets of criminal offenders.
The office of the Attorney general presented a petition to the appellate court stating that Justice Anthony Mrima has erred in his ruling.
Justice Mrima had denied the DCI legal mandate to prosecute a case after businessman Humphrey Kariuki and seven others filed a case against the ODPP, Chief Magistrate’s court, Milimani Law Courts and DCI.
Kariuki presented 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.
The court of appeal has however maintained that the DCI and the police are by law mandated to prosecute cases together with the ODPP.