On May 31, 2022, the Office of the Director of Public Prosecutions (ODPP) urged security agencies to adhere to the Constitution and perform their duties within their legal mandate.
The call comes after a court ruling in a case involving Humphrey Kariuki and seven others, who were charged with allegedly evading Sh17 billion in tax.
Chief Magistrate Justice A. Mrima ruled that the Director of Criminal Investigations (DCI) did not have a legal mandate to prosecute the case, as the charge sheet used was drafted by the DCI instead of the ODPP.
Justice Mrima's ruling stated, '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 DPP under Article 157 (9) of the Constitution or the entities conferred with the 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.'
Following the ruling, the ODPP emphasized the need for each agency to stick to its lane and perform its duties in accordance with its legal mandate.
Victor Mule, acting deputy director of public prosecutions, stated, 'It is prudent and imperative for all agencies to perform their duties in accordance with their respective legal mandate.'
