The High Court has dismissed the application by crime buster Ahmed Rashid seeking to stop his plea taking.
Justice Kanyi Kimondo said he cannot encroach on the independence of the DPP.
He further said he does not know why the DPP approved charges against Rashid.
However, the court has questioned why Ipoa never summoned Rashid to take his statement of inquiry.
In his case, Rashid had challenged his prosecution for the murder of the two boys arguing that they were robbers who were killed during a robbery incident.
Plea-taking has been set on March 22 before Justice Diana Mochache
The police sergeant got indicted by police oversight body Ipoa late last year in the murder of two men in March 2017.
He is accused of shooting dead Jamal Mohamed and Mohamed Dahir in Eastleigh on March 31, 2017.
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