By Abdimalik Hajir - Reporter
Kenya, 21 May 2026 - The High Court in Kajiado has ruled that subordinate courts do not have jurisdiction to question the validity of prosecutorial decisions made by the Office of the Director of Public Prosecutions (ODPP).
The court further declared as irregular the proceedings in which summons had been issued against a senior prosecutor, compelling her to appear before the Kajiado Law Courts to explain the basis of a decision to charge in a land fraud case.
The Court also nullified the resultant warrants of arrest that had been issued against the prosecutor for allegedly failing to honour the summons.
In the ruling, the High Court sitting in Kajiado held that the propriety or otherwise of a prosecutorial decision cannot be canvassed through the testimony of a prosecuting counsel before a trial court but should instead be challenged through the appropriate legal process before a court of competent jurisdiction.
In a ruling delivered by Lady Justice C. Meoli, the Court found that the actions of the subordinate court amounted to judicial overreach and an attempt at indirect control or supervision of an independent constitutional office.
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The Court observed that the prosecution counsel, in making the decision to charge, was neither a State witness nor an investigator in the matter, had not sworn any affidavit in the case, and was not a person whose evidence was essential to the just determination of the proceedings.
The Judge further noted that the prosecutor had been summoned solely for the purpose of being cross-examined on the decision of the Director of Public Prosecutions to charge.
The High Court revision application was prosecuted by Vivian Kambaga, Assistant Director of Public Prosecutions.