Police officers are not allowed to charge lawbreakers before a court of law. This follows a ruling by High Court that stated powers to charge suspects are vested in the Office of the Director of Public Prosecutions (ODPP).
In the Thursday, March 24, ruling, High Court Judge, Weldon Korir, maintained that the power to file charges lies with the Director of Public Prosecution (DPP), Noordin Haji, and not the Inspector General of Police, Hillary Mutyambai.
Justice Korir threw out a petition filed by activist Okiyah Omtatah who challenged the ODPP's decision to change guidelines to be followed by prosecutors. The Judge argued that the changes were not only constitutional but also valid.
"The Judge ruled that the power to file charges before courts belong to the DPP and not the Inspector General of Police," read a statement from the Office of the DPP.
The ruling further stated that police officers have no power to draft charges against offenders nor take them to court without the approval or authority of the DPP.
Haji's office also has the power to direct all investigative agencies to conduct investigations as well as guide and assist such investigation agencies in their undertakings.
In addition, the police and other investigative agencies will be required to submit a report to the office of the DPP.
The office of the DPP was also handed power to control related applications and orders including miscellaneous applications.
The decision to charge is a series of tests and decisions that prosecutors make and take into consideration when handling criminal cases. A prosecutor must adhere to two processes; the Two Stage Test and the Threshold Test.
It is the mandate of the DPP or his representative in court to ensure that the evidence collected is enough to charge a suspect in court.
The ODPP decision to charge guidelines recommends that prosecutors act in the interest of justice and not just for the purpose of maintaining a conviction.
