The High Court has nullified an arrest warrant issued against a senior prosecutor from the Office of the Director of Public Prosecutions (ODPP).
In a statement on Thursday May, 21, the ODPP also said the High Court quashed a summons issued to the prosecutor, compelling her to appear before the Kajiado Law Courts to explain the ODPP's decision to charge suspects in a land fraud case.
Lady Justice Christine Meoli of the Kajiado High Court ruled that subordinate courts do not have the power to question the validity of prosecutorial decisions made by the ODPP.
“The High Court in Kajiado has ruled that subordinate courts do not have jurisdiction to question the validity of prosecutorial decisions made by the Office of the Director of Public Prosecutions (ODPP),” read the statement in part.
The High Court judge held that the propriety of a prosecutorial decision cannot be canvassed through the testimony of a prosecuting counsel before a trial court.
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Justice Meoli noted that the decision can only be challenged through the appropriate legal channels before a competent court.
The judge observed that the prosecutor was neither an investigator nor a witness in the case and had not sworn any affidavit requiring her appearance before the court.
“The Court found that the actions of the subordinate court amounted to judicial overreach and an attempt at indirect control or supervision of an independent constitutional office,” ODPP stated.
Further, Justice Meoli noted that the prosecutor had been summoned solely for the purpose of being cross-examined on the decision of the Director of Public Prosecutions to charge.
This comes months after the Director of Public Prosecutions (DPP) Renson Ingonga ordered the prosecution of Samuel Mugo Kiarie, a prosecutor based at the Makadara Law Courts, over bribery allegations.
In a statement on Wednesday, March 4, the ODPP said Ingonga issued the directive after reviewing an inquiry file forwarded by the Ethics and Anti-Corruption Commission (EACC).
The DPP established that there is sufficient and credible material to charge the Makadara-based prosecutor.
“Upon an independent evaluation of the evidence presented, the DPP has established that there is sufficient and credible evidence to sustain criminal charges against Mr. Kiarie,” read the statement in part.
