Veteran city lawyer Danstan Omari has come out strongly in support of Director of Public Prosecutions (DPP) Renson Ingonga, pushing back against public criticism that followed the acquittal of civic activist Rose Njeri.
Njeri had faced charges under Section 16 of the Computer Misuse and Cybercrimes Act, but was discharged by Milimani Principal Magistrate Geoffrey Onsarigo, who ruled that the charges brought against her were defective and failed to meet the required legal threshold.
Following the ruling, critics online quickly began questioning the DPP’s competence and legal judgment. But Omari isn’t having it.
“It is misleading to claim the DPP does not understand his constitutional role. He is mandated under Article 157 to prosecute in the public interest and he has done so judiciously,” Omari stated during a media briefing.
Omari stressed that the Cybercrimes Act remains constitutional and valid, referencing recent rulings by the Supreme Court and the Court of Appeal that upheld the law, despite ongoing challenges and confusion with the now-partially invalidated Kenya Information and Communications Act (KICA).
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“Let’s get this straight, some parts of KICA were struck down, not the Cybercrime Act. The law under which Njeri was charged is still very much alive and enforceable,” he clarified.
He also addressed misinformation spreading on social media, calling out those branding the DPP as incompetent.
“Kenya is a country governed by the rule of law. If anyone feels the DPP made a mistake, they should follow proper legal channels, not spread half-truths online,” Omari said, adding that the Office of the DPP does not have a public relations platform to defend itself.
Omari further revealed that the DPP’s office plans to challenge the magistrate’s ruling.
“I want to state clearly this Monday, the DPP will move to the High Court to seek a revision of the lower court’s decision. That is his constitutional right,” he confirmed.
Speaking in his capacity as a seasoned criminal law practitioner who spends the majority of his time in courtrooms, Omari explained that the DPP acted based on police investigations, and within the legal mandate of his office.
“Just because the magistrate dismissed the charges doesn’t mean the DPP acted illegally. The office has the exclusive power to institute or withdraw charges, no permission needed,” he emphasized.
He also referenced past court decisions including Criminal Appeals E035 and E038 , where the Court of Appeal upheld convictions under the same Cybercrimes law, pointing to a clear legal precedent that supports the DPP’s position.
Omari concluded with a strong endorsement of Ingonga’s integrity and competence.
“If there’s anyone who can question that office, it’s me, I once vied for it. And I’m standing here today with full confidence in DPP Ingonga’s leadership,” he said.
