The Law Society of Kenya has asked the Office of the Director of Public Prosecutions (ODPP) to call a truce with the Directorate of Criminal Investigations (DCI) in a case challenging powers to write indictments.
The LSK, through its chairman Eric Theuri, said on Saturday that infighting between the two agencies was causing a delay in the administration of justice and criminal prosecutions.
“The Law Society of Kenya calls on the DCI and the ODPP to cease fire and harmoniously resolve the issues that are currently hampering the criminal procedural processes, the outcome of which promotes injustice and does great harm to the gains being made in the sector of criminal justice,” LSK noted.
Lawyers were also asked to refute any charges presented to the court without the consent of DPP Noordin Haji.
Siding with the DPP, LSK noted that Haji’s mandate was to uphold the public interest and administer justice to prevent and avert abuses of judicial process.
“An organ or agent of the State cannot carry out a mandate which is not conferred on it by the Constitution or the Statute. Section 2 of the Constitution provides that no one may claim or exercise the authority of the state except to the extent authorized by the Constitution.
The lawyers called on the two institutions to quietly resolve the melee to avoid taking the country back to pre-colonial times.
“The constitutional architecture on the decision to indict was intended to protect the public from the dangers of a police state, a story that Kenyans overwhelmingly voted against in enacting the current constitutional order,” LSK said.
The request comes just a day after the Court of Appeal suspended orders granting the DPP the power to write indictments.
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