Nairobi, Kenya, May 24 – Any charge sheet prepared and signed by a police officer is unconstitutional and should be dismissed in any criminal proceeding, the High court has ruled.
In a landmark ruling Monday, Justice Anthony Mrima said that any charge sheet not prepared and signed by lawful prosecutors will be quashed by a court of law henceforth.
“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 Director of Public Prosecutions under Article 157(9) of the Constitution or the entities conferred with 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,” Justice Mrima said.
Mrima noted that “National Police Service, the Ethics and Anti-Corruption Commission, the Kenya National Commission on Human Rights, the Commission on Administration of Justice, the Kenya Revenue Authority, the Anti-Counterfeit Agency or any other Government entity mandated with criminal investigation role under any written law, CAN NOT DRAFT, SIGN AND/OR PRESENT any Charge Sheets in any criminal prosecution.”
He however noted that the ruling shall not apply to past cases.
“Given the potential effect of this judgment in the criminal justice system in Kenya, this judgment shall not apply to previously instituted criminal proceedings,” he added.
Mrima made the ruling when he quashed criminal charges leveled against businessman Humphrey Kariuki and others over alleged tax evasion.
Justice Anthony Mrima agreed with the petitioners that the charges emanated from the Director of Criminal Investigations, whereas the Constitution requires all criminal prosecutions to originate from the Director of Public Prosecutions.
“A declaration hereby issues that prosecution of criminal offences in Kenya must only be undertaken by lawful Prosecutors (being either the Director of Public Prosecutions or such other persons exercising the delegated powers of the Director of Public Prosecutions under Article 157(9) of the Constitution or the entities conferred with powers of prosecution pursuant to Article 157(12) of the Constitution) and as long as such prosecutions are in keeping with (a) above,” Justice Mrima ruled Monday.
He issued an order prohibiting the Chief Magistrate’s Court at Milimani from presiding and/or conducting the trial of the Petitioners.
“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 unlawful prosecutors,” the court decreed
