Court Of Appeal Rules  Both the Police And DCI Can Prosecute Cases

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.

Leave a Comment

Your email address will not be published.