Software developer Rose Njeri not yet off the hook as DPP set to appeal ruling

Software developer and activist Rose Njeri is not yet off the hook, as the Director of Public Prosecutions (DPP), Renson Ingonga, is preparing to appeal a magistrate’s decision to dismiss cybercrime charges against her.

According to his lawyer, Danstan Omari, the DPP will lodge the appeal on Monday.

Senior Principal Magistrate Geoffrey Onsaringo had dismissed the charges against Njeri, declaring them defective, and ordered her release.

However, Omari stated that the DPP is appealing the magistrate’s findings on the grounds that Onsaringo lacked the authority to determine the constitutionality of the charges.

Omari argued that the magistrate erroneously invoked provisions of the Kenya Information and Communications Act (KICA), which had already been nullified, whereas Njeri had been charged under Section 16 of the Computer Misuse and Cybercrime Act, 2018, a separate and valid piece of legislation.

“The DPP shall move to the High Court on Monday to challenge the decision of the lower court, as provided for in law. The magistrate appears to have overstepped his mandate, and the DPP will seek a revision of the ruling,” said Omari.

He also defended Ingonga from claims that he is being weaponised against the activist and others, insisting that Njeri was charged under existing legislation, and that the DPP would continue prosecuting similar cases under the Act, as it forms part of Kenya’s legal framework.

Omari reminded critics that the Office of the DPP is an independent entity established under Article 157 of the Constitution.

“In Article 157(10), the DPP is empowered to institute charges without direction from anyone. That provision grants the DPP exclusive jurisdiction to charge or not to charge. Therefore, Ingonga did not require any authority, consent, or direction to charge Njeri,” he explained.

He added that no evidence has been presented to show that the DPP overstepped his mandate or acted outside the bounds of the law.

Omari further cited the Constitution, which states that the DPP does not require the consent of any person or authority to commence criminal proceedings and, in exercising his functions, shall not be under the direction or control of any individual or institution.

The lawyer criticised the growing wave of attacks directed at the Office of the DPP and at Ingonga personally, particularly those questioning his competence, allegations he described as misplaced.

“Remember, I once vied to become the DPP. We went through the same interviews, and I can say that Ingonga outperformed me. That’s why he got the position. If anyone has grounds to criticise that office, it would be me,” said Omari.

“I have full confidence in the Office of the DPP. I also trust the prosecutors operating under Ingonga’s delegated authority. That office is efficient, well-run, and the public has no cause for concern.”

Mainstream and social media platforms have been awash with claims that Ingonga is being used by the state to intimidate and silence dissenters through politically motivated prosecutions, along with allegations questioning his ability to lead the DPP’s office.

Other Topics To Read

• National
• Cybercrime
• Computer Misuse and Cybercrimes Act
• Renson Ingonga
• Rose Njeri
• Software developer Rose Njeri not yet off the hook as DPP set to appeal ruling
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However, Omari maintained that the DPP has carried out his mandate responsibly. He noted that Article 157(11) requires the DPP to uphold the public interest and protect the rule of law when instituting charges.

He concluded by stating that the DPP has exclusive authority to initiate criminal proceedings in any court within the Republic. “Once the police completed investigations into the allegations against Njeri, the file was forwarded to the DPP, who approved the charges.”