Wednesday, April 23, 2014

Prosecutorial independence at issue in Kenyan court-martial

Phinhas Mugo, of the Kenya Defence Forces, has brought an action in the High Court to halt his court-martial. Among the issues he has raised is whether Brigadier KO Dindi, who is the chief legal advisor to the KDF, can also serve as a prosecutor. According to this account, Mugo maintains that
section 213 (6) of KDF Act is clear that the Director of Military Prosecution shall be a separate office from the Defence Force or ministry.
His argument is that the court martial should not allow persons holding two offices to prosecute.
He further says the failure to adhere to the law makes his prosecution illegal.

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