The Law Society of Kenya (LSK) now wants the Directorate of Criminal Investigations and the Office of the Directorate of Public Prosecution to resolve their differences on the contentious issue of the drawing of charge sheets.
LSK says that the ongoing wrangles were frustrating criminal proceedings in courts.
LSK President Eric Theuri said the ongoing supremacy wars between the DCI and DPP were promoting injustice and hindering the execution of their mandates
He described the tussle between DCI George Kinoti DCI and DPP Noordin Haji-led as a setback to the gains made in the criminal justice sector.
“Equally we call upon the magistrates to decline the invitation by the DCI to accept or reject charge sheets and not to take us back to the dark days pre-2010, a history the people of Kenya are determine to move from,” he said.
Theuri wants the DCI boss to immediately withdraw his instructions which he says are likely to create confusion and undermine the criminal justice system.
LSK has directed its members to object to any charge sheets that are presented in court without the consent of the DPP in fulfilment of their obligation to protect and uphold the Constitution.
“There is therefore no dispute that the Police have the power to investigate any alleged offence. They also have power to recommend the charges to be preferred against the suspect depending on the outcome of the investigations”
“The DPP as the prosecution adds value to the process by reviewing the investigations to determine whether sufficient evidence is available to prosecute,” he added.
