DPP Keriako Tobiko, AG Githu Muigai clash over fate of station boss

Director of Public Prosecution Keriako Tobiko (left) with Attorney General Githu Muigai at the Court of Appeal during the hearing of an application filed by the AG seeking the suspension of the clauses by the High Court temporarily lifted by the Court of Appeal.High Court Judge ,Justice George Odunga suspended eight clauses in the new security law. The case was filed by the Coalition for Reforms and Development (Cord), in the High Court suit challenging new security law. [PHOTO.FIDELIS KABUNYI/STANDARD]

A legal battle is simmering between the Attorney General and the Director of Public Prosecutions after the former entered a consent order stopping internal disciplinary action against a police officer accused of releasing suspected terror suspects.

State Counsel Richard Ngare told the High Court in Mombasa the DPP's counsel erred when, on on May 28 this year, he entered the order stopping Mombasa County police commander's office from taking action against Chief Inspector Zeleah Jakaa Akiru for having released four suspects in 2013.

The suspects, who had been arrested along with 6 others at Masjid Musa in Majengo, were released by Ms Akiru who was the officer commanding Makupa police station on a Sh10,000 cash bail.

Court records show that Akiru was later arrested following orders from her bosses and charged in 2013, but after a lengthy process, she was acquitted.

Akiru consequently asked to be reinstated but as she was waiting to be given her job back, the police commander's office decided to institute internal disciplinary action against her.

STAY ORDERS

Akiru then rushed to Justice Martin Muya's court on May 26 seeking orders to stop the internal disciplinary proceedings.

Justice Muya ordered her to serve the AG, county police commander and the DPP's office for all the parties to appear two days later.

But when the matter came up on May 28, only the DPP's office and Akiru's lawyer were present.

The DPP's office agreed to Akiru's wish to have the court order a stay of disciplinary action by the police commander.

But yesterday, the AG applied before Justice Mathew Emukhule to have the stay orders vacated.

Justice Emukule satisfied the matter as urgent and ordered all parties to appear before Justice Muya tomorrow.