BY IRENE ONYANGO.
City lawyer has protested against calls by the Law Society of Kenya President to disregard the ruling.
Lawyer Danstan Omari said it was misleading for the LSK President Eric Theuri to advise lawyers to disregard the Court of Appeal ruling, which handed back the police and other investigative agencies the power to draft and present charge sheets before court.
DCI and Attorney general successfully applied for the suspension of a decision that had blocked police officers from drafting charge sheets.
Omari said in a letter dated June 27, 2022 that the statement was made with the sole purpose of misconceiving the directions of the court and aimed at misleading advocates practicing in the criminal justice system.
He further stated that it is a contemptuous mockery on the authority of the Court of Appeal for the LSK president to publish a statement whereas it advises officers to look down, disregard and object to the directives of the court.
“We beseech the LSK to seek legal redress through the appropriate channels and in obedience to constitutionalism and submit to hierarchy of courts seeing that it is the court that has the final say in determination of issues,” he said.
He further directed LSK president to cease and desist from advising members to act contemptuous to orders of the court of appeal or he steps down from the position to allow another officer, who is willing to uphold constitutionalism, to take over.
He said that LSK do not have the mandate nor capacity of issuing directives to counter the independence of the DCI or the Judiciary and if LSK had an objective interest as claimed, they ought to have made a formal application to be enjoined as interested parties in the Court of Appeal matter.
“As much, their issues will be heard and determined by a court of competent jurisdiction. It is convincing that there lacks objectivity in the position taken by the LSK since the LSK sits in the advisory board of the ODPP,” he added
