The High Court has nullified an arrest warrant issued against a senior prosecutor from the Office of the Director of Public Prosecutions.
In a statement released on Thursday, May 21, the ODPP said the court also quashed summons requiring the prosecutor to appear before the Kajiado Law Courts to explain the decision to charge suspects in an ongoing land fraud case.
Lady Justice Christine Meoli ruled that subordinate courts lack jurisdiction to interrogate or challenge prosecutorial decisions made by the ODPP.
Court Nullifies Warrant Issued Against Senior Prosecutor From Office of the Director of Public Prosecutions. Photo: Courtesy.
The judge further held that the legality or propriety of a prosecutorial decision cannot be determined through the testimony of a prosecuting counsel before a trial court.
The ruling is expected to reinforce the independence of the ODPP in making prosecutorial decisions without interference from lower courts.
Justice Christine Meoli noted that any challenge to a prosecutorial decision must be pursued through the proper legal process before a competent court.
The judge further observed that the prosecutor in question was neither an investigator nor a witness in the land fraud case and had not filed any affidavit that would warrant her appearance before the court.
According to the Office of the Director of Public Prosecutions, the High Court found that the subordinate court had exceeded its mandate by attempting to indirectly supervise or control an independent constitutional office.
Justice Meoli also noted that the prosecutor had been summoned purely for purposes of being cross-examined over the decision by the Director of Public Prosecutions to approve charges in the matter.
