Prominent criminal lawyer Danstan Omari has come out in strong defence of Director of Public Prosecutions (DPP) Renson Ingonga following public backlash over the acquittal of civic activist and software developer Rose Njeri.
Njeri had been charged at the Milimani Law Courts under Section 16 of the Computer Misuse and Cybercrimes Act. However, Principal Magistrate Geoffrey Onsarigo dismissed the case, ruling that the charges were defective and failed to disclose any offence under Kenyan law.
Speaking to journalists in Nairobi, Omari dismissed criticism aimed at the DPP, asserting that the Cybercrimes Act remains both valid and constitutional. He pointed to a Supreme Court decision and a recent ruling by the Court of Appeal that affirmed the Act’s legality despite earlier legal challenges.
“The DPP acted fully within his constitutional mandate,” Omari said. “It is misleading to suggest he doesn’t understand his role. Article 157 of the Constitution clearly grants him the authority to prosecute matters in the public interest — which is exactly what he did.”
Omari revealed that the DPP’s office plans to file an application at the High Court on Monday seeking a revision — and possible overturning — of the magistrate’s ruling.
“We believe the magistrate erred in law, and that’s why the DPP will challenge the decision,” Omari said, adding that a legal response through the courts is the appropriate channel for resolving such disputes.
He condemned the wave of online attacks branding the DPP as incompetent, calling them unfounded and harmful to a constitutional office that cannot defend itself on social media.
“Kenya is a country governed by the rule of law. If anyone is aggrieved, let them challenge the decisions in court not with social media outrage based on misinformation,” he said.
Omari further emphasized that the Office of the DPP is protected by the Constitution and deserves public respect. “I once sought to hold this office myself. If there’s anyone with the right to critique it, it’s me — and I can confidently say Mr. Ingonga is exercising sound judgment.”
He clarified that Njeri’s acquittal stemmed from a technical finding by the court and did not reflect any error or incompetence by the DPP.
“As someone who practices criminal law daily at Milimani, I can affirm that the DPP has sole discretion on whether to prosecute or withdraw charges no other authority needs to endorse that decision,” he explained.
Omari also noted that some members of the public are confusing the repealed sections of the Kenya Information and Communications Act (KICA) with the still-active Computer Misuse and Cybercrimes Act.
“While sections of KICA were declared unconstitutional, the Supreme Court led by Chief Justice Martha Koome upheld the validity of the Cybercrimes Act. So, charging Njeri under that law was entirely within legal bounds,” Omari clarified.
He referenced recent rulings in Criminal Appeals E035 and E038 at the Court of Appeal in Nairobi, where convictions under the Cybercrimes Act were upheld and arguments against its constitutionality rejected.
“These appellate rulings reinforce that the law is solid. Claims that it is unconstitutional are simply misleading,” Omari concluded, urging the public to await the High Court’s decision before casting judgment.
