Blow to DPP as power to draft charge sheets given back to Kenya Police, DCI

The Court of Appeal has stayed High Court Justice Anthony Mrima’s decision that had given the Office of the Director of Public Prosecutions (ODPP) powers to draft charge sheets.

Court of Appeal Judges Justice Daniel Musinga, Agnes Murgor and Fatuma Sichale will deliver the ruling on October 7 this year.

The ruling comes at a time when there has been confusion at the lower court with some suspects declining to take plea using charge sheets drawn by the Kenya Police and insisting that the ODPP drafts the charges against them as directed by the High Court.

The Inspector General of Police however filed an appeal before the Appellate Court as he was dissatisfied with the High Court judgment.

The Court of Appeal orders now mean that the Kenya Police will draft the charge sheets presented before the court.

Meanwhile, a petition has been filed before the Judicial Service Commission (JSC) seeking the removal of Justice Mrima for incompetence and breach of the Judicial code of conduct.

Activist Fredrick Bikeri accuses the judge of lacking impartiality in the manner he handled the case where he ruled that the ODPP should draft charge sheets.

According to the activist, Mrima’s judgment halted and delayed the processing of suspects before criminal courts of justice.