The Office of the Director of Public Prosecutions (ODPP) has weighed in on reports that a magistrate at the Kilungu Courts allowed a police officer to prosecute a case.
In a series of tweets on Saturday, the ODPP said that it had been seized of the matter and that an investigation into it to determine whether there was gross misconduct had been started.
"The matter before Kilungu Law Courts between 23.12.2019 to 3.1.2020 has been brought to the attention of the DPP, who has directed ODPP's Internal Compliance Unit & Nairobi Regional Head to urgently investigate the conduct of the prosecutor in question, " the ODPP tweeted.
The office faulted the decision, saying that it went against what was prescribed by law, rendering the proceedings null and void.
"Under the Constitution, the DPP is the only one with the powers to appoint a prosecutor. It is, therefore, not clear why the learned magistrate appointed & allowed an unauthorised police officer to prosecute. Such proceedings are irregular & a nullity, " the ODPP added.
The report of the investigation is expected to be submitted to DPP Haji in the next 7 days.
It was not immediately clear what action, if any, will be taken against the magistrate should it be established that there was gross misconduct.