The High Court in Kajiado has ruled in favor of the Office of the Director of Public Prosecutions （ODPP), saying that lower courts cannot question decisions made by prosecutors.
The case started after a senior prosecutor, not mentioned, was summoned by a Kajiado court to explain why she chose to charge suspects in a land fraud case.
When she did not appear, the court issued warrants for her arrest.
However, Lady Justice Meoli of the high court said that the warrants of arrest issued after the prosecutor failed to appear were invalid and lacked legal basis, meaning that both the summons and the arrest orders have been canceled.
Court Declares Lower Court Actions Irregular
In its judgment, the High Court declared that the earlier proceedings in the Kajiado Law Courts were irregular and that it was improper to summon a senior prosecutor to explain the basis of a charging decision in a criminal case.
“A lower court cannot question or supervise the decisions of the Director of Public Prosecutions in the course of a criminal trial,” said Meoli.
Justice Meoli said the lower court acted outside its powers by trying to question the prosecutor and stated that if anyone wants to challenge a decision made by the ODPP, they must follow the correct legal process and go to the right court.
Meoli defended her decision by pointing out that the prosecutor was neither a witness nor an investigator in the land fraud case and said that summoning the prosecutor was an attempt to control an independent constitutional office.
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“Summoning a prosecutor to explain a decision to charge is improper and amounts to judicial overreach,” stated Meoli.
In addition, Meoli pointed out that the prosecutor had not filed any affidavit and was not expected to provide evidence in court.
The case was presented in the High Court by Assistant Director of Public Prosecutions, Vivian Kambaga.
ODPP Deal Saw Obado, Co‑Accused Cleared in KSh235 Million Graft Case
Elsewhere, the ODPP secured a plea bargain deal that led to the withdrawal of all charges against former Migori Governor Okoth Obado and his co-accused.
Also Read: Obado Walks Free as Court Allows Withdrawal of KSh73.4 Million Graft Case Against Him
In a statement on May 15, the ODPP said the Milimani Anti-Corruption Court adopted the agreement as its judgment, effectively clearing Obado, his four children, and 13 other accused persons.
According to the ODPP, the deal required the accused to forfeit assets valued at approximately KSh235.6 million, more than three times the KSh73.4 million they had been accused of misappropriating from Migori County.
Senior Principal Magistrate C.N. Ondieki ruled that the plea agreement met all legal and constitutional thresholds, allowing the court to formally adopt it and terminate the case.
“Wherefore, this court adopted the Plea Agreement as a judgment of this court. It follows that all the charges are deemed withdrawn against all accused persons,” the magistrate ruled.
