Cecil Miller and Tom Ojienda for Kidero and Shebesh respectively told the court the leaders had complied with the DPP’s demands that they revisit the police stations where they lodged complaints against each other and had “unreservedly withdrawn their complaints.” They asked the court to mark the petition that had challenged the DPP as settled but the prosecuting counsel Kioko Kamula interjected saying the DPP was not a party to the agreement. “The DPP has to be appraised of the status of this matter officially to make directions; we do not oppose their agreement, but to mark the matter as settled will be erroneous,” he said. Mr Kioko added that the petitions were unnecessary as they would have struck the out-of- court agreement before the litigation started. He said public expenditure had been committed in attending and defending the petition. “It is the petitioners who have agreed among themselves,” Mr Kioko said. The judge ruled that the agreement cannot bind the DPP but added he was not convinced on issuing the order for costs as the petitioners withdrew their cases at an early stage. This article was published by the DAILY NATION on March 19, 2014]]>
