In a fresh war between the Office of the Director of Public Prosecutions (ODPP) and the Director of Criminal Investigations (DCI), the former has asked security agencies to ensure that they perform their roles as per the provision of the Constitution while attending to Kenyans.
In a case where the sibling rivalry between the two agencies is simmering, the ODPP cited the need to have a clear direction in the two agencies’ mandate to avoid embarrassment.
In a case by Humphrey Kariuki and seven others against the ODPP, Chief Magistrate’s court, Milimani Law Courts, and DCI, amongst others, were listed as respondents; Justice A. Mrima ruled that the DCI did not have a legal mandate to prosecute a case.
Kariuki had asked the court to dismiss his case because the charge sheet used to prosecute him was drafted by the DCI instead of the ODPP, thus making it illegal.
He and the seven others had been charged with allegedly evading Sh17 billion of tax.
Justice Mrima found the submission valid and barred any court from acting on any matter prosecuted by the DCI.
“Save for the Charge Sheets prepared and signed by the lawful Prosecutors (being either the Director of Public Prosecutions or such other persons exercising the delegated powers of the DPP under Article 157 (9) of the Constitution or the entities conferred with the powers of prosecution pursuant to Article 157 (12) of the Constitution), no Court in Kenya shall forthwith accept, register and in any manner whatsoever deal with any Charge Sheets not prepared and signed by any of the lawful Prosecutors,” the ruling by Justice Mrima reads as quoted by ODPP.
Following the ruling, the office of the ODPP has said that Humphrey case has shown the need to have each agency stick on its lane.
“It is prudent and imperative for all agencies to perform their duties in accordance with their respective legal mandate,” Victor Mule, acting deputy director of public prosecutions, said in the statement.
However, the ODPP has expressed commitment to consult with the office of the Inspector-General of the National Police Service before undertaking any measures in its line of work.