BY SAM ALFAN.
Director of Criminal Investigations (DCI) George Kinoti wants Hugh Court decision barring the police from drafting, signing and presenting charge sheets for criminal prosecutions suspended, pending appeal.
Kinoti says the decision by Judge Anthony Mrima has far-reaching consequences in the criminal justice system.
The DCI boss says the conduct and determination of numerous criminal cases have been thrown into legal uncertainty adversely affecting the entire criminal justice system.
He said the judgment should be suspended, as the consequences are irreparable.
Attorney General Kihara Kariuki, Inspector General of Police Hillary Mutyambai have also supported the application by Kinoti for the appellate court to suspend the High Court decision.
“Unless a conservatory order staying the execution of the judgement and orders of the superior court of May 23,2022 in Nairobi Constitution petition No E495 of 2021 is granted pending the hearing and determination of the substantive appeal , the appeal if successful, will be rendered nugatory”, says DCI Kinoti.
They argue that it would be in the greater public interest to suspend the execution of the the said decision and orders pending hearing and determination of the pending appeal.
Mutymbai said the stalemate occasioned by the said judgement is a threat to the national security in that people who have committed criminal offences cannot be urgently charged in court.
He says thousands of investigated cases affected by Mrima’s judgement and court should take judicial notice that the country is in an electioneering period.
The police boss added that the entire security apparatus and criminal justice system are supposed to be effective and this cannot be achieved with the legal uncertainty occasioned by the said judgement.
“The applicant and the general public will suffer prejudice if orders sought are not granted for the same are sought in public interest and stability of a country is dependent on a robust criminal justice system and this has been compromised by the legal uncertainty brought about by the said judgement”, IG Mutymbai told the appellate court.
The IG further argues that if the decision and orders of the superior court are not suspended pending the determination of the intended appeal, the same may be rendered nugatory as the grave and adverse implications of the decision of the court will have taken effect.
