The Director of Public Prosecution (DPP) Renson Ingoga intends to move to the High Court to challenge the Magistrate’s court decision to terminate charges against activist Rose Njeri.
According to lawyer Danstan Omari, the DPP will appeal the decision on Monday 23rd June 2025.
Omari said that Senior Principal Magistrate Geoffrey Onsarigo’s decision does not demonstrate gross misconduct on the side of the DPP contrary to what has been circulating on social media.
He said that the DPP has the right to charge or not to charge a person.
“Therefore, the Director of Public Prosecution Renson Ingoga does not require the consent or authority of anybody to charge one Rose Njeri,” the lawyer reiterated.
According to him, there has been no challenge in any court of law of the Cybercrimes Act.
The lawyer added that the members of the public are being misled to believe that the DPP does not understand the law and mandate of his office.
Njeri was freed after the magistrate ruled that the accusations against her failed to meet the legal threshold to constitute a crime under the Computer Misuse and Cybercrimes Act.
“I hereby refuse to admit the two counts before this court and proceed to discharge the accused Rose Njeri under section 89(5) of the Criminal Procedure Code,” the magistrate ruled.
Njeri, also a web developer was accused of unauthorized interference with a computer system.
Her lawyers led by former Chief Justice David Maraga, Kalonzo Musyoka, Eric Theuri opposed the charges against her terming them unconstitutional and abuse of prosecutorial powers.
The court heard that the charges lack specificity and fail to establish any real criminal intent.
According to the magistrate, the charge plainly states that the suspect sent emails to an address created for the purpose of receiving emails. It does not allege whether the system crashed, stopped working or caused any financial loss or national security threat.
