A Nairobi court dismissed an application by Naivasha Member of Parliament Jane Kihara seeking to quash incitement charges filed against her.
Senior Principal Magistrate BenMark Ikhubi held that the Director of Public Prosecution (DPP) had acted within the confines of the law and that the charge brought against the MP was valid.
The court ruled that the charge sheet meets the necessary legal requirements and that the legislator was in a position to “fathom and adequately discern” the charges.
“A charge must be clear and easily understood. As far as possible, technical language should be avoided in the charge sheet to allow the accused to fully comprehend the allegations,” said Ikhubi.
The court also ruled that the DPP is an independent constitutional entity, and its decisions on whether to institute criminal proceedings cannot be directed or controlled by any external authority.
“The Office of the DPP is independent under Article 157(10) of the Constitution and does not require consent from any person or authority to commence criminal proceedings,” said the magistrate.
