Kenya: Omtatah’s Suit Challenging DPP’s Powers to Charge Dismissed

Kabarnet — The High Court in Kabarnet has dismissed activist Okiya Omtatah’s petition challenging the Director of Public Prosecutions (DPP) to direct various agencies to conduct investigations.

In his ruling, Justice Weldon Korir explained that he DPP has powers to guide and assist such investigation agencies in such investigation and also to expect and receive a report of such investigations.

He further held that the power to file charges before courts belong to the DPP and not the Inspector General of Police.

Justice Korir indicated that the police have no power to draft charges and take them to court without the authority of the DPP.

He held that the ODPP’s 2019 Decision to Charge Guidelines which are an internal guide for prosecutors are constitutional and valid.