DPP sued over financial award
A petition seeking to compel the office of the Director of Public Prosecutions (ODPP) to return an excellence award in financial reporting amongst independent commissions and offices has been certified as urgent by the High court.
And Justice Antony Mrima has directed lawyer Danstan Omari to serve the suit documents to the ODPP and three other government agencies named as interested parties for hearing of the petition filed by an activist Fredrick Bikeri on May 10,2022.
Certifying the case as urgent Justice Mrima stated serious constitutional issues have been raised which require to be discussed between all the parties in a full trial.
The judge heard the petitioner is praying for a prohibition order to be issued directing the DPP Noordin Haji or his agents not to present to the public that the ODPP is among constitutionally recognized independent offices.
Also, Bikeri is urging the court to order Haji to return or to surrender the Financial Reporting (FiRe) Award given on December 17, 2021 for being the first runners up.
Justice Mrima was told by Omari during the certification of the suit that the ODPP has announced in its twitter handle that it was ranked the second best in public financial reporting by government agencies which audit government ministries and departments.
“The ODPP has since reported on its official twitter handle-@ODPP_KE it was ranked the first runners up in an award ceremony meant to recognize constitutional commissions and independent offices and received an award of excellence in financial reporting,” Justice Mrima heard.
Mr Omari further told the judge the ODPP was honored for excellence under the category of Independent Offices and Constitutional Commissions.
The lawyer told the judge, the ODPP corruptly and against the public interest received the Financial Reporting (FiRe) Award knowing to well, “the office of the ODPP is neither among the Constitutional Commissions nor the Independent offices recognized by the Constitution of Kenya passed 2010. ”
The court further heard the ODPP has contravened the values and principals of public service by failing to avail to the public timely and accurate information as required under Article 232(1)(f) of the Constitution.
“The ODPP unashamedly and consciously received the (FiRe) Award meant for Constitutional Commissions and Independent Offices,” Omari submitted.
Mr Omari urged the court to impugn the Constitutionality of Part V of the ODPP which was enacted under the impression the ODPP is among the independent offices under Article 249(3) of the Constitution.
He said the ODPP would have been independent office if at all invalidated BBI was permitted to sail through.
The judge heard unless the ODPP is restrained from professing to be independent then it will continue to unconstitutionally and deceitfully misrepresent itself as such and receive illegitimate awards and recognitions.
The court is therefore being urged to order the ODPP to pull down from its twitter handle the said information on the award.
All parties were directed to file responses to the issues raised in the Bikeri petition before May 10,2022 when the case will be heard.