Activist Okiya Omtata has questioned the powers being exercised by Director of Public Prosecutions Norrdin Haji.
In a petition filed at the Milimani Law Courts, the activists are accusing the DPP of exercising powers not bestowed on him by law.
He now wants Haji denied access to the Prosecutions Fund for allegedly usurping judicial powers and allegedly colluding with suspects not to be charged in court.
Omtata is accusing the office of the DPP for usurping judicial powers by what he terms as an unlawful and unconstitutional way the prosecutor is entering into plea bargains and imposing fines on suspects.
Pending the inter parties hearing and determination of the application, he has asked the court to issue temporary orders freezing the Prosecution’s Fund established under section 45 of the Office of the Director of Public Prosecutions Act No.2 of 2013
The activist argues that only courts of law and regulators allowed by law can impose fines on suspects adding that the DPP has absolutely no power or mandate to do that
“Plea bargaining is a law enforcement tool that is only available where suspects have been charged in court and must only be deployed transparently and with accountability under the supervision of the court,” read part of his petition
He cited the case where he says that the DPP overstepped his mandate in the second National Youth Scandal by usurping judicial powers; purporting to have the power to enter deals with, fine suspects banks and set them free instead of charging them in court.
The petition comes at a time when a number of Governors have been arraigned in court over graft charges.