By Isaiah Lucheli
Director of Public Prosecution (DPP) wants a notice of appeal filed by a civil society against businessman Kamlesh Pattni in the Court of Appeal over his acquittal struck out.
The DPP told three appellate judges that he was opposed to the notice filed by the International Centre for Policy and Conflict (ICPC) in order to protect his office and the powers bestowed on it by the constitution.
“The constitution gives prosecutorial powers to the Office of the DPP and it should be left to do its work. We should not be told what to do. The move by ICPC to file an appeal offends Article (157 (11) of the constitution,” submitted Principle State Counsel in the DPP’s office James Warui.
Warui told Judges John Mwera, David Maraga and Wanjiru Karanja that the application by ICPC was defective and offended Article 157 (11) which provided that the DPP shall have regard to prevent abuse of all legal process.
The counsel explained that ICPC was appealing against two orders following the high court ruling which acquitted Pattni of all Goldenberg related cases and added that the orders fell in the DPP’s docket and not the civil society’s.
“The ICPC is not opposed to the whole ruling but two orders issued in the judgment. The DPP has already filed a notice of appeal to challenge the judgment,” he said.
ICPC through lawyer Nelson Havi have appealed against an order by Justice Joseph Mutava which prohibits the instituting of fresh prosecutions relating to Goldenberg against Pattni and the other is stopping of criminal proceedings that were going on in the magistrate’s court.
“It is out of order for ICPC to move to the higher court to appeal the orders as the office of the DPP filed a notice of appeal on April 8 this year,” said Warui.
On his part, Havi submitted that ICPC had moved to court as the constitution provided for any person to file a suit if the matter was of great public interest.
Steve Mwenesi appearing for Pattni explained that the notice of appeal by ICPC was incompetent as it had been filed out of time.
