Musyoki Mogaka and Company Advocates has slammed the Law Society of Kenya president Erick Theuri for asking lawyers to disregard the court appeal decision giving back police powers to draft and sign charge sheets.
The firm, through lawyer Danstan Omari stated that Theuri issued a statement which was published in the media referenced “A statement by the council of the Law Society of Kenya on the directions given by the DCI following interim orders granted by the Court of Appeal”.
In a letter dated 27th June 2022, Omari said that the statement which was allegedly issued without courtesy of reaching LSK members is asking lawyers to disobey court orders.
Omari claims that the subject statement was made with the sole purpose of misconceiving the directions of the honourable Court and aimed at misleading members who are practising advocates within the criminal justice system.
“We urge the president who signed the subject statement dated 24th June 2022 to refresh their learned minds on what sub judice comprises,” Omari said.
In addition, the lawyer noted that there lacks objectivity in the position taken by LSK since the president sits in the advisory board of the ODPP.
He added that if LSK was aggrieved by the decision, they ought to have made a formal application to be enjoined as interested parties in the Court of Appeal matter.
“As such, their issues will be heard and determined by a court of competent jurisdiction,” Omari added.
Omari said Theuri understands the hierarchy of courts and should seek legal redress through the appropriate channels.
Further, he said the LSK should come clean on the interest they have on this matter since they have been silent on the challenges between the DPP and the DCI yet the criminal justice system was moving to an anarchy state.
“We urge the president of LSK to cease and desist from advising members to act contemptuously to orders of the Court of Appeal; lest the president steps down for another officer of the court willing to uphold constitutionalism,” Omari noted.
Justice Anthony Mrima had given the DPP powers to draft and sign charge sheets before a suspect is charged in a criminal case.
However, the Appellate court stayed the said decision pending the hearing and determination of the appeal.