A petition has been filed in court to challenge a recent ruling by the High Court that declared the use of police charge sheets as unconstitutional.
The ruling by Justice Antony Mirima on Monday saw the Office of the Director of Public Prosecutions Nordin Haji come up with a new template to be used on the criminal court.
The petitioner Charles Rubia’s lawyer Shadrack Wambui says that the template charge sheet has the DPP’s logo instead of the national symbol that is supposed to be used by state officers.
“We have challenged the constitutionality of the use of the logo by the office of the DPP in these charge sheets that are going to be used moving forward,” said Wambui.
Wambui also takes issue with the fact that Haji is using a different logo with the one used by the previous DPP Mr. Keriako Tobiko.
“Moving forward it is going to create a record of inconsistency. We fault it for falling out of form that is described in the criminal court,” he said.
The petitioner is now seeking the interim suspension of the charge sheet pending the hearing and determination of his application.
He also wants first respondent, the DPP restrained through conservatory order from administering, prescribing, using or in any other manner presenting before any criminal court of law within the Republic of Kenya a charge against any individuals or persons with the charge sheet.
By Rodgers Oduor
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