Nairobi News

The settlement of a dispute between Governor Evans Kidero and Women Representative Rachael Shebesh over alleged altercation in September last year does not bind the Director of Public Prosecutions, a court has ruled.

Mr Justice David Majanja while allowing the withdrawal of the petitions by Mr Kidero and Ms Shebesh, said the DPP’s office is independent and is not bound by the settlement unless he (DPP) consents to it.

“He is entitled to assert his authority to reconsider his decision in light of the accord between the petitioners and the withdrawn proceedings having regard to public interest,” said Mr Majanja.

Through Mr Kioko Kamula, the DPP did not oppose Mr Kidero and Ms Shebesh withdrawal of the petition.

However, Mr Kamula was of the view that the proper order to be made was for the petition to be marked as withdrawn and not settled since the DPP was not party to the two politicians’ accord.

The DPP contended that he is entitled to exercise his authority independently upon consideration of the advice of the Division Criminal Investigation Officer (“DCIO”) who has received the petitioners’ accord.

The two Nairobi leaders had filed the petitions challenging the decision of the DPP to commence criminal proceedings against them.

Mr Kidero and Ms Shebesh, who wanted the court to mark the matter as settled, reached a reconciliation agreement where they agreed to renounce and withdraw the complaints they had made against each other.

They agreed never to revisit the issue “now and in future” to the prejudice of any them.

In the agreement, the two Nairobi leaders renounced and withdrew the complaints they made against each other either by themselves, agents, witnesses or anybody claiming through them at Parliament or Central police stations.

The DPP, Inspector General of Police and the Director of Criminal Investigations had been named as respondents in the petition.