LSK President Theuri [Photo: The Star]
The Law Society of Kenya (LSK) has raised concern over the recent move by the Office of the Director of Public Prosecution (ODPP) to withdraw several high-profile cases.
LSK President Eric Theuri questioned the move by DPP Noordin Haji to drop the cases on Wednesday without adequate explanation.
He says it’s either the prosecutions were mounted for ulterior purposes whose end has been achieved, or overtaken by events or that the DPP has withdrawn the cases to aid an ulterior motive.
According LSK, they will review the cases if the DPP fails to offer an explanation.
“DPP must come out and give an explanation, failure to which we will review evidences in the cases and proceed with private prosecution. The DPP ought to resubmit the investigating files and seal the gaps but not withdraw the cases,” he added.
Theuri then said that if the DPP and police continue to charge people without a proper basis, Kenyans will lose trust in them.
“We have in the recent past witnessed events that pose great danger to administration of justice. The DPP must have the interest of the people and avoid interference,” Theuri said.
Theuri also emphasized on the need to respect and uphold the rule of law, singling out the Magistrates handling different cases to insist on the DPP to provide credible and cogent reasons before allowing the discontinuation of the charges.
“This is to assert the independence of the Judiciary and prevent the courts being an arena for settling scores and abuse of judicial time and resources,” he said.
This is after the DPP dropped a 19 million shillings graft case against Public Service and Gender Cabinet Secretary nominee Aisha Jumwa.
He also made an application to withdraw the 80 million shilling graft case against former Samburu Governor Moses Lenolkulal, who has been shortlisted for the position of Principal Secretary.
Haji also dropped a 400 million shilling graft case against former Kenya Power Managing Director Ben Chumo.