By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Sign In
  • U.S.
  • International
  • Canada
  • Española
WEEKLY NEWS FINAL WEEKLY NEWS FINAL
  • Home
  • Politics
  • Justice & Crime
    • Court News
    • Investigations
    • Fraud & Corruption
    • Crime
  • World
  • Technology
    Court News
    International Gold Investor Tells Court He Transferred Ksh65.37 Million to Lawyer Conrad Maloba’s Law Firm Accounts

    An International Gold Investor has told the  Court that  he Transferred Ksh65.37 Million to Lawyer…

    4 Min Read
    Justice & Crime
    CJ Koome Suspends Kangema Magistrate Following EACC Bribery Arrest

    Chief Justice Martha Koome has suspended Senior Principal Magistrate Martin Kinyua Mutegi of Kangema Law…

    2 Min Read
    Court News
    Court Grants Suspect Bond in Immigration Passport Fraud Case.

    The Chief Magistrate's Court at Milimani has granted bond to a man under investigation over…

    3 Min Read
    Court News
    Edwin Sifuna Files another Complainant at PPDT.

    Embattled former ODM Secretary General Edwin Sifuna has again moved to the Political Parties Tribunal…

    1 Min Read
    Court News
    Three More Suspects Arrested Over Chaiiwali Café Robbery in Westlands.

    Three more suspects have been arrested in connection with the armed robbery at Chaiiwali Café…

    2 Min Read
    • Check out more:
    • Fashion
    • Travel
    • Business
    • National News
    • World
  • Business
  • Insights
  • County News
Reading: Okiya Omtatah Challenges DPP Powers in Landmark High Court Petition.
Share
The Weekly NewsThe Weekly News
Font ResizerAa
  • Home
  • Politics
  • Latest News
  • Justice & Crime
  • Business
  • Health
Search
  • Home
  • Politics
  • Latest News
  • Justice & Crime
    • Court News
    • Fraud & Corruption
    • Investigations
    • Crime
  • Business
  • Health
Have an existing account? Sign In
Follow US
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
The Weekly News > Court News > Okiya Omtatah Challenges DPP Powers in Landmark High Court Petition.
Court News

Okiya Omtatah Challenges DPP Powers in Landmark High Court Petition.

Cibber Njoroge
Last updated: April 15, 2026 5:28 pm
Cibber Njoroge
Share
Manojkumar Ratilal Sanghani moved to milimani law courts
Manojkumar Ratilal Sanghani moved to milimani law courts
SHARE

Senetor Okiya Omtatah has moved to the High Court seeking to redefine the boundaries between investigative and prosecutorial powers in Kenya’s criminal justice system.

In Constitutional Petition No. E266 of 2020, Omtatah argues that the Director of Public Prosecutions (DPP) has overstepped constitutional limits by interfering with police investigations and the decision making process on whether suspects should be charged.

The case, filed before the Constitutional and Human Rights Division in Nairobi, names the DPP as the respondent, alongside the Inspector General of Police and the Attorney General as interested parties.

At the centre of the petition is Omtatah’s claim that the Constitution clearly separates the roles of the National Police Service and the DPP. He maintains that while police are mandated to investigate crimes and charge suspects, the DPP’s role begins only after a case has been formally presented in court.

Omtatah is challenging specific provisions of the Office of the Director of Public Prosecutions Act, 2013, as well as the DPP’s 2019 “Guidelines on the Decision to Charge,” which he claims are unconstitutional. He argues that these guidelines unlawfully give the DPP authority to influence investigations and determine whether suspects should be charged, functions he insists belong solely to the police.

He further contends that the DPP has no legal mandate to direct investigations, approve charge sheets before they are filed in court or require police to seek consent before charging suspects. According to the petition, such actions undermine the independence of the police and violate constitutional provisions that shield the Inspector General from external direction in operational matters.

The petitioner also raises concerns over what he describes as a breakdown of checks and balances, warning that allowing the DPP to play a role in investigations could open the door to abuse of power and selective prosecution.

Additionally, Omtatah faults the process through which the 2019 guidelines were developed, arguing that they were not subjected to proper public participation and were not published in accordance with legal requirements, rendering them invalid.

The case was partly triggered by public statements made by the DPP in 2020 regarding high-profile investigations, which Omtatah claims demonstrated unlawful direction of police actions.

In response, the DPP has defended his mandate, stating that the Constitution grants his office independent authority to institute and undertake criminal proceedings. The prosecution argues that its guidelines are meant to ensure consistency and accountability in decision-making and do not replace the role of investigative agencies.

The Attorney General has also opposed the petition, maintaining that the DPP’s powers are constitutionally grounded and that the challenged provisions of the law are valid.

The High Court is now tasked with determining whether the DPP’s role extends into the investigative phase, or whether such involvement violates the constitutional framework governing Kenya’s criminal justice system.

Subscribe to Our Newsletter
Subscribe to our newsletter to get our newest articles instantly!
[mc4wp_form]
Share This Article
Email Copy Link
Previous Article Geoffrey Kaaria Kinoti Challenges Tax Prosecution in High Court Petition
Next Article Ruto Bows to Pressure as Fuel Prices Drop After VAT Cut To 8%.
Leave a Comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Editor's Pick

International Gold Investor Tells Court He Transferred Ksh65.37 Million to Lawyer Conrad Maloba’s Law Firm Accounts

An International Gold Investor has told the  Court that  he Transferred Ksh65.37 Million to Lawyer Conrad Maloba's Law Firm Accounts…

By Cibber Njoroge
4 Min Read
CJ Koome Suspends Kangema Magistrate Following EACC Bribery Arrest

Chief Justice Martha Koome has suspended Senior Principal Magistrate Martin Kinyua Mutegi…

2 Min Read
Court Grants Suspect Bond in Immigration Passport Fraud Case.

The Chief Magistrate's Court at Milimani has granted bond to a man…

3 Min Read

Top Writers

Oponion

Edwin Sifuna Files another Complainant at PPDT.

Embattled former ODM Secretary General Edwin Sifuna has again moved…

July 21, 2026

Three More Suspects Arrested Over Chaiiwali Café Robbery in Westlands.

Three more suspects have been arrested…

July 21, 2026

Albert Ojwang Was Deliberately Killed in Police Custody, DPP Says

The Director of Public Prosecutions (DPP)…

July 20, 2026

Court has stopped Cape Media from further defaming Lawyer Danstan Omari pending the hearing and determination of a suit against it in court.

A Milimani Court has issued temporary…

July 20, 2026

Court has Stoped TV47 From defaming Senior Counsel Danstan Omari further pending the hearing and determination of a suit against them in court.

The Milimani Commercial Court has issued…

July 20, 2026

You Might Also Like

Court News

PROPHET Owuor’s Followers Threaten Legal Action Over HIV Result Dispute

Millicent Awino and Peter Oyan, both members of the ministry associated with self-proclaimed prophet David Owuor, have threatened to file…

6 Min Read
Court News

Suspect in Dr. Obwaka Death Seeks Release After Post-Mortem

Woman accused in connection with the death of a Nairobi hospital director has moved to court seeking to be released…

4 Min Read
Court News

Big Win for ODM as Tribunal Allows Disciplinary Case Against Sifuna to Proceed.

The Political Parties Disputes Tribunal (PPDT) has handed ODM a significant victory after ruling that the party is entitled to…

5 Min Read
Court News

Two Exam Fraud Suspects freed on Bail.

Two men accused of running online platforms that allegedly promised candidates altered KCSE results have been freed on bond by…

3 Min Read
WEEKLY NEWS FINAL

The Weekly News is a daily digital news platform delivering fast, accurate, and reliable updates on news, business, tech, crime, and more. We keep you informed, every day.

Quick links

  • About Us
  • Contact Us
  • Write your Article

Links

  • Editorial Standards & Ethics
  • Privacy Policy
  • Videos

© 2026 || The Weekly News ||. All Rights Reserved.
Go to mobile version
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?