LSK asks DPP, DCI to end fight over powers to draft charge sheets

Law Society of Kenya (LSK) President Eric Theuri during a press conference in Nairobi. [David Njaaga, Standard]

The Law Society of Kenya has asked the office of the Director of Public Prosecution (ODPP) to call a truce with the Directorate of Criminal Investigations (DCI) in a case challenging the powers to draft charge sheets.

LSK, through its President Eric Theuri on Saturday said the infighting between the two agencies is causing a delay in the administration of justice and criminal proceedings.

“The Law Society of Kenya calls upon the DCI and the ODPP to cease fire and harmoniously resolve the questions currently frustrating the criminal proceedings processes, the result of which, promotes injustice and is a great detriment to the gains made in the criminal justice sector,” LSK noted.

Lawyers have also been asked to refute any charge sheets presented in court without DPP Noordin Haji’s consent.

Siding with the DPP, LSK noted that it was Haji’s mandate to uphold public interest and administer justice to prevent and avoid abuse of the legal process.

“A state organ or officer cannot execute a mandate not bestowed upon it by the Constitution or Statute. Article 2 of the Constitution provides that no person may claim or exercise state authority except as authorized under the Constitution.”

Lawyers have appealed to both institutions to quietly solve the melee to avoid taking the country to pre-colonial days.

“The constitutional architecture on the decision to charge was intended to protect the public from the dangers of a police state, a history Kenyans overwhelmingly voted against in promulgating the current constitutional order,” LSK said.

The request comes just a day after the Court of Appeal stayed orders granting the DPP powers to draft charge sheets.