BY SAM ALFAN.
City lawyer has reminded the Director of Public Prosecution Noordin Haji that there is no that law that requires judges and magistrates to give him rulings and judgements to approve before they read it in court.
Lawyer Danstan Omari speaking outside the high court building shortly after filing two applications seeking to bar the DPP from commenting on his client, Embakasi Member of Parliament Babu Owino’s case and reviewing his bond terms, reminded Haji that his duty is prosecution.
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There is no where in law that judgement or ruling must be given to the DPP to approve before it is read.” Said Omari
Lawyer Omari was reacting to a statement made by the DPP questioning the ruling by the magistrate saying he has never heard of such a ruling where the accused is paying bail in installments.
The lawyer said the DPP needs to be briefly told that what the Magistrate did was a novel decision payments of bond in terms in installment.
The same should be taken up by other courts and supported by other Kenyans instead of people being jailed for failure to raise heavy fines.
He questioned whether the DPP was preparing ground to start arresting judicial officers who have made decision that offends him after he questioned the chief Magistrate ruling insinuating it was illegal.
He reminded Haji that a decision of a judge or magistrate cannot be declared illegal and he can only appeal the decision.
He added that the congestion we have in our prison is because people are supposed to pay the fines instantly which they can’t afford due to their financial challenges.
The lawyer said the DPP gave a very terrible statement indicating that all his life he has never seen or heard a judgment or ruling such as the one that come out from Babu Owino’s case.
“The DPP’s role is prosecution and therefore if he himself has never heard such a ruling , it does not make that ruling an illegality. Precedence for the benefit of citizens of this country , precedence are set by judges who will always judge and Magistrates will give new decision that have never existed.” Said Omari.
His statement was echoed by the countries top criminal lawyer Cliff Ombetta who said DPP Haji has never been in any court.
Ombetta accused Haji of playing to the public gallery and prosecuting cases through the media instead of producing evidence in court.
“The DPP is an attack dog without a master. Anytime he wants to bully the judiciary, he first goes public in a whinny manner to complain on anything and how he has put a lot of effort yet is being frustrated by the judiciary. He thereafter goes for any applications hoping that his cries would get favour from the public(in cover of public interest) and at the same time scare judicial officers.” said lawyer Ombetta.
He said that the latest trend is to arrest them or deface them or complain to the JSC.
“This man is wasting his talent in that office. He should be in Hollywood”, Added Ombetta.
