DPP free to charge officer over Embu Speaker Kariuki Mate abduction, court rules

Mr Nicholas Muriuki in a Nairobi court when he was charged in connection with the abduction of Embu Speaker Kariuki Mate on May 19, 2014. The DPP recommended the case be withdrawn for lack of sufficient evidence. FILE PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • He was later charged but the DPP recommended that the case be terminated until sufficient evidence had been gathered.
  • Mr Muriuki had defended himself saying that Mr Mate was later found alive.

The High Court has ruled that the Director of Public Prosecution can prefer charges against a police officer in connection to the kidnapping of of Embu County Assembly Speaker Justus Kariuki Mate.

Lady Justice Mumbi Ngugi ruled that the DPP is free to press charges against Nicholas Muriuki Kangangi once sufficient evidence has been obtained.

Mr Muriuki was arrested on May 20, 2014 on allegations that abducted Mr Mate at Utalii Hotel on May 19, 2014.

He was later charged but the DPP recommended that the case be withdrawn until sufficient evidence had been gathered.

Mr Muriuki filed a petition seeking to stop his prosecution stating that his rights were violated as the charges against him cannot be sustained.

He wanted the case terminated completely without an option of being charged with any offence relating to the alleged abduction of the Embu Speaker.

Lady Justice Ngugi ruled that the DPP properly exercised his power in seeking to withdraw the case under section 87(a) of the Criminal Procedure Code.

“Such withdrawal should be allowed, so that in the event that the investigations alleged to be ongoing yield any credible evidence, the DPP would be at liberty to prefer charges against the petitioner,” ruled Justice Ngugi.

She said it would be to undermine the administration of justice if a precedent is set in which the DPP is prevented from withdrawing a prosecution and prohibited permanently from charging a suspect simply because the police have rashly charged a person in court, without seeking his advice and with insufficient evidence.

Mr Muriuki had defended himself saying that Mr Mate was later found alive, and that he gave interviews in which he stated that he did not know his abductors and could not remember anything regarding his abduction.

He also alleged that the DPP and his officers had ulterior motives in preferring hurried charges against him, and that this amounts to an abuse of power and of the court process.