DPP to Challenge Acquittal in Cybercrime Case
He clarified that Njeri’s acquittal did not imply any incompetence on the DPP’s part but was purely a technical finding by the trial court.
The Director of Public Prosecutions DPP has declared to apply to the High Court to overturn the decision of a subordinate court to reject the charges against Rose Njeri on cyber crime allegations.
The ODPP’s lawyer Danstan Omari revealed this during a press conference in Nairobi early today where Renson Ingonga will be appealing the High Court to overturn the decision of the Magistrate court yesterday by setting the suspect free with reasons that the charges did not reach the threshold according to the law,
“I want to make it clear that on Monday, the DPP will move to the High Court to challenge the lower court’s decision, which we believe was made in error,” Omari told reporters.
He clarified that Njeri’s acquittal did not imply any incompetence on the DPP’s part but was purely a technical finding by the trial court.
The lawyer criticized widespread online attacks labeling the DPP incompetent, terming them as baseless and harmful to a constitutional office that cannot defend itself in public forums.
Quoting Article 157 of the Constitution Omari said that the Act empowers the DPP to prosecute matters in the public interest — and that is exactly what he has done.
Njeri had been charged before Milimani Law Courts under Section 16 of the Computer Misuse and Cybercrimes Act. Still, Principal Magistrate Geoffrey Onsarigo discharged her, ruling that the charges were defective and failed to disclose any offence under Kenyan law.
Omari maintained that the Cybercrimes Act remains valid and constitutional, citing a Supreme Court decision and a recent ruling by the Court of Appeal that upheld its legality despite previous constitutional challenges,
“Sections of the Kenya Information Communication Act were struck down by the High Court, but the Supreme Court, led by Chief Justice Martha Koome, upheld the Cybercrimes Act. So charging Njeri under it was perfectly lawful,” he said.
He stressed that the DPP had acted fully within the constitutional mandate and dismissed the claims that Ingonga had abused his prosecutorial powers.
He emphasized that the public has wrongly confused the repealed sections of the Kenya Information and Communication Act with the still-valid Computer Misuse and Cybercrimes Act,
“The recent judgments by the Court of Appeal at Nairobi in Criminal Appeals E035 and E038, upheld convictions under the same Act, rejecting arguments that it is unconstitutional,” the lawyer stated.
He added that the appellate judges have confirmed that the Act is valid. “So claims that it is illegal are false and misleading.” He urged the public to wait for the High Court’s determination on the matter.
Omari said that Kenya is a country governed by the rule of law and if anyone feels aggrieved must follow due process in the courts but not spread half-truths on social media.
