HCCHR PET OF 2023
TRANSPARENCY INTERNATIONAL……….………..…………………………………….1ST PETITIONER
KENYA HUMAN RIGHTS COMMISSION…………………………………………………2ND PETITIONER
KATIBA INSTITUTE……………..……………..…………………………………………..…..3RD PETITIONER
AFRICA CENTRE FOR OPEN GOVERNANCE (AFRICOG)…….……………….…..4TH PETITIONER
V
DIRECTOR OF PUBLIC PROSECUTIONS……………………………………………………1ST RESPONDENT
GEOFFREY OBIRI……………………..….……………………………………….……..………..2ND RESPONDENT
OLIVER MUREITHI…………………………………………………………..……………..………3RD RESPONDENT
LAW SOCIETY OF KENYA………………………………………………..………..……………INTERESTED PARTY
[1] This case seeks accountability for the “reckless dereliction of duty” by prosecution counsel” in the Kshs 63 billion Arror and Kimwarer dams case (R v Henry Rotich & Others Milimani CMC Anticorruption Case No 20 of 2019). The counsel failed to call witnesses citing “firm instructions not to proceed with the matter” The court acquitted the nine accused persons but called for
accountability of the prosecution counsel for the prosecutorial misconduct.
[2] Petitioners seek, therefore, to lift the immunity of the prosecutorial counsel and to hold them personally liable if the accused persons claim damages for malicious prosecution.
[3] Although the public has already lost Kshs 63 billion, it could lose more if, despite this petition, the accused persons sue and are paid damages for malicious prosecution from the public purse.
[4] There is no guarantee that the ODPP, Geoffrey Obiri, or Oliver Mureithi would refund the public if the petition succeeds yet the public is sued and pays up for malicious prosecution caused by the ODPP’s reckless dereliction of duty.
[5] Article 10 and 201(1) require prudent and responsible use of public money.
[6] A conservatory order is therefore necessary barring any claim against the public or payment of public funds for malicious prosecution in the Arror and Kimwarer dams case (R v Henry Rotich & Others Milimani CMC Anticorruption Case No 20 of 2019) until the conclusion of this case.