- Lawyer Danstan Omari said the Office of the Director of Public Prosecutions (ODP) is not to blame for activist Rose Njeri’s tribulations
- Njeri had been charged under Section 16 of the Computer Misuse and Cybercrimes Act, but a magistrate court discharged her on Friday, June 21
- Omari clarified that the Cybercrimes Act remains constitutional and valid, emphasising that the ODPP acted within his mandate
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Prominent criminal lawyer Danstan Omari has come out strongly in defence of Director of Public Prosecutions (DPP) Renson Ingonga following public criticism after the acquittal of civic activist Rose Njeri.
Njeri had been charged under Section 16 of the Computer Misuse and Cybercrimes Act, but a magistrate court discharged her.
Speaking to the press, Omari clarified that the Cybercrimes Act remains constitutional and valid, citing both a Supreme Court ruling and a recent Court of Appeal decision which upheld its legality despite challenges.
He emphasised that the DPP acted within his mandate, and accusations that Ingonga overstepped his powers are unfounded.
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“It is misleading to claim the DPP does not understand his constitutional role. He is mandated under Article 157 to prosecute in the public interest and has done so judiciously,” Omari stated.
He further revealed that the DPP plans to challenge the magistrate’s decision at the High Court on Monday, as is his right under Kenyan law.
“I want to state that on Monday, the office of the DPP will be moving to court to seek a revision of the decision of the lower court”, Omari said.
He also condemned social media narratives branding the DPP incompetent, calling them unfounded and malicious.
“Kenya is a country governed by the rule of law. If anyone believes the DPP erred, they should follow constitutional procedures — not peddle half-truths online,” Omari said.
Omari urged the public to respect the office of the DPP, noting that it is a constitutional institution without its own platform for defence. “I once contested for this office myself. If there’s anyone qualified to critique it, it is me, and I have full confidence in Ingonga’s leadership,” Omari.
Omari, who said that he was speaking in his capacity as a renowned criminal law practitioner, criticised those attacking the Office of the Director of Public Prosecutions (ODPP) over the case.
“Let Kenyans understand this clearly — the court found that the charges against Rose Njeri did not disclose any offence, and rightly so. But that does not mean the DPP acted illegally or incompetently,” Omari stated.
Njeri had been charged under Section 16 of the Computer Misuse and Cybercrimes Act, but Milmani principal magistrate Geoffrey Onsarigo ruled that the particulars of the charges failed to meet the legal threshold. He stated that the charges pressed by the DPP were illegal and defective.
Omari explained that the DPP acted within the law when he sanctioned the charges based on police investigations.
“As a lawyer who spends 90% of my time in criminal courts, I can confirm that the DPP has an exclusive constitutional mandate under Article 157 to prosecute or drop charges without seeking permission from anyone,” Omari said.
He noted that public debate had wrongly confused the Cybercrimes Act with the Kenya Information and Communication Act, parts of which have been declared unconstitutional by the High Court.
“Some sections of the KICA were struck down, not the Cybercrime Act. The Supreme Court, led by Chief Justice Martha Koome, upheld the Cybercrime Act as valid law. So, the DPP did not breach any law by charging Njeri under it,” Omari clarified.
Omari further cited Court of Appeal decisions in related cases that affirmed the legality of the Cybercrime Act, dismissing claims that the legislation was void.
“Even in Criminal Appeal Numbers E035 and E038, the Court of Appeal upheld convictions under the same law. So it is misleading for critics to claim the law is dead,” he added.
In closing, Omari reaffirmed his unwavering confidence in DPP Renson Ingonga’s integrity and professionalism, saying he remains the best-suited person to hold the constitutional office.
“If there’s anyone with moral authority to question the DPP, it’s me — I once competed for that job. And I stand here to say I have full confidence in him,” Omari concluded.
Source: TUKO.co.ke
