NAIROBI, Kenya, Jun 23 — The Court of Appeal has stayed a High Court judgement restraining the Directorate of Criminal Investigations (DCI) from drafting charge sheets.
Thursday’s decision by a three-judge bench comprising Justices Daniel Musinga (President), Agnes Murgor and Fatuma Sichale pending a final verdict on the matter on October 7.
“Pending determination of the application, we hereby grant an interim stay of execution of the judgment of Mrima, J. in Nairobi Petition No. E495 of 2021, Geoffrey Kaaria Kinoti & Others v The Chief Magistrates’ Court & Others, except in so far as the judgment relates to the charges and liberty of all the accused in Nairobi Chief Magistrates’ Court Criminal Case No. 1333 of 2019 who have already been discharged by the trial court,” the bench ruled.
The Musinga-led panel however said the stay will not apply to the specific case from which the contest on which agency has the mandate to draft charges arose.
In the May 23 judgment delivered by Justice Anthony Mrima, the High Court ruled that mandate to draft charges was within the scope of the Office of the Director of Public Prosecutions (ODPP).
Humphrey Kariuki and seven others arraigned before a Chief Magistrate’s court at the Milimani Law Courts in Nairobi had contested DCI’s mandate, taking the matter to Justice Mrima who then ruled DCI had no legal mandate to prosecute a case.
Kariuki had argued charges against him were illegally drafted and therefore flawed.
The Attorney General however moved to the Court of Appeal to challenge the decision saying Justice Mrima had erred in reaching the conclusion.