BY SAM ALFAN.
The appellate court has suspended a decision barring investigating agencies from drafting charge sheets for suspects appearing in court to face criminal charges.
Court of Appeal Justices Daniel Musinga, Fatuma Sichale and Agnes Murgor suspended the High Court decision issued last month, pending determination of an appeal filed by the Director of Criminal Investigations George Kinoti.
“We hereby grant an interim stay of the execution judgement of Mrima J in Nairobi Petition No. E495 of 2021, Geoffrey Kaaria Kinoti & Others v The Chief Magistrates’ Court & Others, except in so far as the judgment relates to the charges and liberty of all the accused in Nairobi Chief Magistrates’ Court Criminal Case No. 1333 of 2019 who have already been discharged by the trial court,” ruled appellate judges.
Kinoti challenged the High Court’s decision saying it has far-reaching consequences in the criminal justice system.
The DCI boss said the conduct and determination of numerous criminal cases have been thrown into legal uncertainty, 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 also supported Kinoti’s application.
“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.
The DCI boss argued that it would be in the greater public interest to suspend the decision and orders as 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.
Mutyambai said thousands of investigated cases were affected by Mrima’s judgement and the 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 Mutyambai 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.
