advertisement

Economy

Tobiko seeks review of penalty for party polls offenders

Director of Public Prosecution Keriako Tobiko. file photo | nmg
Director of Public Prosecution Keriako Tobiko. file photo | nmg 

The Director of Public Prosecution wants the High Court to determine whether special courts gazetted by the Chief Justice have jurisdiction to try offences under the Election Offences Act committed during party primaries.

Through a review application which is the first under the new laws, the DPP also wants the court to determine whether party primaries are governed by the Act.

In the application, senior assistant DPP Alexander Muteti also wants the court to determine whether party dispute resolution mechanism can be a substitute for the criminal justice system in addressing offences related to elections.

“During the hearing, the DPP shall crave for leave of the court to be heard considering the wider public interest involved and the ramifications of a decision declaring the Act inapplicable to the offences committed during party primaries,” he said.