This archive report was first published on 15 October 2021.
Published on October 15, 2021, the Law Society of Kenya has accused the Directorate of Criminal Investigations of interfering with the functions of the Director of Public Prosecutions.
The LSK has expressed concerns that the feud between the two entities may compromise the trial of suspected murderers of the late businessman Tob Cohen.
LSK President Nelson Havi stated, 'There is a real danger of the trial being compromised due to wrangles between the DCI and the DPP on extraneous issues manifesting as power struggles between the two.'
According to Havi, the discord between the two entities must be contextualized, and their powers defined to prevent unnecessary spectacles in the future.
The bone of contention is a letter by the DPP to the Inspector General of Police stating that there was no evidence to charge Court of Appeal Judge Sankale Ole Kantai with the murder of Tob Cohen.
Despite this, the DCI has determined to arrest and arraign Sankale in court, leading to a petition seeking the removal of DDP Noordin Haji from office for declining to charge the Judge.
LSK President Havi emphasized that the law is clear that the DPP does not require consent from any person or authority for the commencement of criminal proceedings.
'The DCI has purported to arrogate to himself powers that he doesn't have, by demanding that the Judge be charged when the DPP has determined on the basis of evidence and law that a murder charge is unsuitable,' Havi said.
