DPP Haji’s prior move to withdraw Criminal Charges against prominent politicians sets negative precedence that is most likely to affect criminal matters in Kenyan courts.
Two auctioneers lost bids to have their criminal charges dropped. Zachary Baraza and Nathaniel Kipkemboi asked the court to release them based on other criminal cases dismissed by the director of public prosecutions.
In her ruling, Chief Magistrate Wendy Muchemi stated that the subordinate court lacks jurisdiction to interpret the law, which is reserved for the superior court.
She stated that the court, on its own motion, cannot interfere with the DPP’s discretion to prefer criminal charges against the accused.
She argued that the DPP’s decision to drop the anti-corruption case against deputy president Rigathi Gachagua, CS Aisha Jumwa, and businesswoman Mary Wambui cannot be compared to the two accused person cases.
The court stated that the counsel representing the two accused persons failed to cite any law or file a petition or affidavit to support his argument for the dismissal of charges against his clients.
The two were charged with robbery with violence and malicious property damage.
