The absence of laws on when to terminate cases in court is partly to blame for the current backlog of cases in court.
The Director of Public Prosecutions (DPP), Renson Ingonga, says Kenya needs a law that could set a limit on how much time should be taken to hear cases in order to expedite justice to the public and avoid an unnecessary backlog of court cases.
He says most cases, especially those involving high-profile persons often took long and at times collapsed in court due to multiple applications by the accused meant to frustrate the work of prosecutors handling such matters.
“The reason we have a backlog of cases in court is because once suspects realise we have a solid case against them, they will ensure they frustrate the progress and completion of the case. This is because if a case drags in court for a long time, witnesses will either grow weary, while others may die, leading to their eventual collapse.
Still, others, through their lawyers, file application after application to stall hearings, and since our country does not have laws to limit how long a case can last in court, there is nothing we can do as an office,” said Ingonga while addressing reporters in Nyeri on the sidelines of a one-day public engagement forum.
The DPP has also defended his office against allegations of terminating high-profile cases without offering the public tangible reasons for doing so.
He said his office always grants courts sufficient reason before terminating any matter in court and could only proceed once the judge grants their request.
“I think the way people bring up this issue (termination of high-profile cases) is not right. What is a high-profile case?” he posed.
If a Governor or a Cabinet Secretary has committed a crime, he is not a different human being under the law. The law is the same; there is no law for high-profile individuals and the rest of the public. The only reason we train our eyes on high-profile cases is because they always catch the public’s attention, unlike ordinary cases,” he added.
The official also stated that at times, it is prudent to terminate some cases midway in case the prosecutor realises he would lose it if it goes to full trial.
Ingonga said such unpopular decisions not only saved courts precious time but also taxpayers’ money that could end up being paid out to the accused in case the matter collapses and he decides to sue the State.
He also stated that the Office of Public Prosecution (ODPP) has embarked on undertaking grassroots public sensitisation forums to educate the people on how they could access justice through the country’s criminal justice system and also demystify public perception about the work of the office.
The office is working with the International Justice Mission (IJM) and also intends to sensitise the public about the mandate of the office, human rights and intellectual property rights under the Chapa Gumzo na Prosecutor slogan.
“Our strategic plan is to have a people-centred prosecution service, meaning we want prosecution to be closer to mwananchi. If you look at what people do or say even in court, you realise most of them do not understand what prosecution is all about.
That is why we came to explain to the people about our work and also answer their questions on the issues that they may be having in regard to our work,” explained the DPP.
By Samuel Maina and John Bacha
