Criminal cases countrywide will collapse if the High Court invalidates the mandate of the DPP to sign charge sheets against suspects.
This follows a petition filed in court by businessman Amrik Singh Heer, a lobby group Sheria Mtaani and Shadrack Wambui seeking to declare that the DPP has no constitutional mandate to sign charge sheets saying it is the sole duty of the national police.
As a consequence, High Court judge Anthony Mrima has certified as urgent the petition filed by the two through lawyer Danstan Omari.
Justice Mrima said the petition raises substantial issues of law and it’s of great public interest as the outcome will affect criminal cases countrywide.
Amrik and Sheria Mtaani allege that the DPP, despite being empowered by Article 157 of the Constitution to execute a mandate namely institution, conduct, continuation and discontinuation of criminal proceedings, has no duty to decide on whether or not to charge criminal suspects.
“It is such arbitrary abuse of power that has occasioned several injustices to members of the public which has variably affected the conduct of investigations at the Inspector General of National Police and the Directorate of Criminal Investigations as various crimes go unpunished,” the petitioners state in their court papers.
Omari says that the DPP actions are in direct contravention of provisions of the Constitution and Criminal Procedure Code (CPC) since the same has demarcated the duties of the DPP, IG and DCI and other investigating agencies as well as that of the Judiciary in regard to the criminal justice system.
“All charge sheets countrywide bare the logo of Kenya police and not the DPP’s office,” they noted.
The petitioners are therefore urging the court to bar the DPP or his agents from signing charge sheets claiming it’s unconstitutional.
