In a firm stance against proposed legislative changes, Sheria Mtaani has announced plans to challenge any efforts in Parliament to transfer prosecutorial authority from the Office of the Director of Public Prosecutions (ODPP) to the Ethics and Anti-Corruption Commission (EACC).
The lobby group emphasizes that such a move could jeopardize the integrity of Kenya’s justice system.
Addressing journalists at Milimani Law Court on 15th April 2026, Sheria Mtaani’s legal team comprising Danstan Omari, Shadrack Wambui, and Stanley Kinyanjui urged legislators to reconsider framing laws that would alter the current legal framework.
They warned that merging investigative and prosecutorial roles would create profound constitutional and legal dilemmas, emphasizing that the roles are inherently distinct.
The legal representatives also pointed out the flaws in assigning prosecutorial duties to investigators, stressing how absurd it would be for an EACC investigator who acts as a witness to also carry out prosecutions and subsequently testify in court. “A prosecutor is not an investigator, and an investigator is not a prosecutor.
The idea of them switching roles undermines fundamental legal principles,” they argued. Furthermore, the team announced plans to seek a constitutional interpretation regarding Parliament’s authority to enact such a law.
They asserted that any legislative effort to consolidate these roles could breach constitutional mandates and threaten judicial independence.
They also criticized the undue pressure often placed on prosecutors, noting the impracticality of rushing case approvals within hours.
They emphasized that the DPP’s role requires thorough review, and should not be reduced to a mere rubber stamp especially when investigating agencies like the EACC conduct lengthy inquiries.
Delving into the political motivations behind the proposed changes, Omari warned politicians that they risk undermining the rule of law, regardless of whether their intent is to protect themselves or prevent disqualification from the 2027 elections.
“Anyone in Parliament attempting to pass such laws should be aware that Sheria Mtaani is ready to challenge them,” he cautioned.
In conclusion, Sheria Mtaani reaffirmed its commitment to preserving the clear divide between investigation and prosecution, viewing this separation as essential to safeguarding justice and public interest.
They warned that any attempt to erode these boundaries would have serious repercussions on Kenya’s constitutional order and the integrity of its legal system.
