The Office of the Director of Public Prosecutions [ODPP] in Kajiado has rejected charges leveled against Kitui East MP Nimrod Mbai saying the charge doesn't meet the threshold of prosecution in a court of law.
The ODPP office was of the view that the case brought cannot sustain the charges indicated.
"We analysed the charge and noted that it cannot sustain a case. The weight of the evidence is there weak", an official said.
It is the ODPP which is responsible for deciding whether or not to charge. As such, the Prosecutor should act with independence, impartiality and professionalism in the administration of justice.
The Constitution 2010 guides the ODPP in deciding on charges to prefer. This is in line with Article 157 of the Constitution 2010. The Decision to Charge Guidelines, National Prosecution Policy and the General Prosecution Guidelines are also other factors considered in deciding whether to charge a suspect.
STORY By MWINGI TIMES CORRESPONDENT
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