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Court Of Appeal Suspends Ruling That Gave DPP Powers To Draft Charge Sheets

Court of appeal has issued orders stopping the implementation of a judgement issued by a superior court conferring powers to the office of Director of Public Prosecution to sign charge sheets and present them to the criminal court.

 The President of the court of Appeal Daniel Musinga , Justice Agnes Murgor and Justice Fatuma Sichale said the judgement of Anthony Murima dated May 24th stands stayed pending the hearing and determination of the appeal before them.

The legal interpretation of the court of appeal orders means that the signing of charge sheets reverts back to the police and DPP will not draft or append his signature on the charge of sheet.

The lawyers lead by Senior Counsel Danstan Omari ,Omayio Aranga and Martiner Swigger said orders have been given back the authority by investigating agency to carry out their duty as provided for in the constitution.

“The orders  by the appellate  court means that as a traditional, the charge sheets  will be drafted by the police  and all those who took  plea with a defective  charge  sheets  may take a fresh  plea” Swigger  said.

The decision of the appeal court arose from an  appeal filed by the office of attorney General Director of Public Prosecution Kenya Revenue Authority Ethics and Anticorruption Commission Kenya Human Rights Commission among others.

“These government institutions were deprived their constitutional  right through the judgement of justice Mirima”added  Mr Omari

The  matter slated  for hearing for july 17th in court  of appeal.

By Rodgers Oduor

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