NAIVASHA, Kenya, Jun 25 — The Law Society of Kenya (LSK) has urged the Directorate of Criminal Investigations and the Office of the Directorate of Public Prosecution to resolve their differences on the contentious issue of the drawing of charge sheets.
The society which is responsible for safeguarding the interests of the bar said the ongoing wrangles were frustrating criminal proceedings.
In a statement to newsrooms on Saturday, LSK President Eric Theuri said the ongoing supremacy battles between the two agencies were promoting injustice and hindering the execution of the mandates of the respective offices.
Theuri termed the fighting between George Kinoti’s DCI and Noordin Haji-led prosecution agency as a setback to the gains made in the criminal justice sector.
He further faulted the directive by the DCI to its officers to present charge sheets directly before the Magistrate for approval or rejection as “clearly unconstitutional.”
“Equally we call upon the magistrates to decline the invitation by the DCI to accept or reject charge sheets and not to take us back to the dark days pre-2010, a history the people of Kenya are determine to move from,” he said.
The LSK President urged the DCI boss to immediately withdraw his instructions to his offices arguing that they are likely to create confusion and undermine the criminal justice system.
He further advised LSK members to object to any charge sheets that are presented in court without the consent of the DPP in fulfillment of their obligation to protect and uphold the Constitution.
Theuri noted that the ODPP is empowered to institute and undertake criminal proceedings against any person and shall not require the consent of any person or authority for the commencement of such proceedings, as inferred from Article 157 6 (a) and 157 (10).
“There is therefore no dispute that the Police have the power to investigate any alleged offence. They also have power to recommend the charges to be preferred against the suspect depending on the outcome of the investigations. The DPP as the prosecution adds value to the process by reviewing the investigations to determine whether sufficient evidence is available to prosecute,” he added.
The LSK President reiterated that the Society remains committed to the administration of justice and the rule of law.
He assured Kenyans that LSK shall not relent to advise government and government agencies on matters relating to the administration of justice.
