LSK to appeal DPP decision to drop charges against Karebe gold mine blast suspects

The Law Society of Kenya (LSK) has accused the Office of the Director of Public Prosecutions (ODPP) of acting against the law and public interest in its decision not to prefer charges against 11 suspects of the Karebe gold mine blast that killed three people and injured six others.

According to LSK President Eric Theuri, the ODPP's decision is political and meant to serve the interests of certain individuals, adding that if allowed to go unchallenged then it will entrench impunity in the country.

Theuri said the reports and statements by the Directorate of Criminal Investigations (DCI) needed to have been used to determine the case, adding that the ODPP deliberately denied the affected families their right to a fair hearing.

He gave a 7-day notice to the court to revisit the case, failure to which he said LSK would handle it to its finality and ensure that the deceased; Geoffrey Kipchirchir Rotich (39), Geoffrey Onyango (33) and Julius Kipchumba (41), get justice.

The ODPP dropped the cases at the Kapsabet magistrate’s court claiming there was no sufficient investigation conducted; the court on Tuesday hence directed that the suspects be released.

Following the ODPP’s submissions on March 17, 2023, Chief Magistrate Samuel Mokua made a ruling citing that the court had no power to compel the prosecution to press on with the case involving the suspects.

Magistrate Mokua told the plaintiff’s lawyers that the court has no constitutional mandate to oppose or reject the decision of the ODPP, saying it is within their power and mandate to terminate cases and close files.

The ruling sparked protests from LSK, the Kenya National Human  Rights Commission (KNHCR) lawyers, as well as the family and victims’ lawyers who are seeking for justice for their kin who died in the incident three months ago.

Karebe gold mines lawyer Abner Mango also said the company will head to the High Court to seek judicial review over the decision.