Director of Public Prosecution wants case against Uhuru Kenyatta, Mwai Kibaki and MPs dropped

By Lucianne Limo

NAIROBI, KENYA: The Director of Public Prosecution has asked the court to dismiss a petition seeking permission to institute private prosecutions against the current and former members of the National Assembly.

The DPP told Justice Mumbi Ngugi that the petitioner, Isaac Aluochier has no powers to institute such proceedings.

The DPP through State Counsel Terry Kaoro said the law has not changed to give the petitioner the green light to prosecute individuals in the Magistrates court adding that one must seek permission at the High court.

Aluochier had moved to court seeking to have the legislators to face prosecution over alleged abuse of office and economic crime offences.

Among those he wants prosecuted are the President Uhuru Kenyatta, Deputy William Ruto, Former president Mwai Kibaki and his former Deputy Kalonzo Musyoka.

In his petition before the High Court, the petitioner states that the constitution gives private individuals powers to prosecute.

He says the section 157 (6) gives constitutional right to three people to conduct prosecution namely the DPP, any person and any authority.

“The DPP Act section 28 gives any person authority to conduct private prosecution against individuals.

Justice Ngugi said she will deliver her ruling on September 27 on whether the petitioner will commence private prosecution against the legislatures amongst them the President and his Deputy.

Aluochier had filed two petitions against the current 350 Members of the National Assembly including the speaker and 218 former MPs before the Magistrates court.

Aluochier is accusing the current legislators of abusing their offices by conferring benefits on themselves through reinstating the defunct National Assembly remuneration Act.