Mombasa: The Director of Public Prosecutions (DPP) Renson Ingonga has defended his office against criticism over its handling of investigations and case withdrawals, emphasizing that such decisions are based on a review of evidence provided by investigative agencies.
According to Kenya News Agency, Ingonga made these remarks during a week-long training workshop for journalists held at a Mombasa hotel. He clarified that the Office of the Director of Public Prosecutions (ODPP) does not conduct investigations but rather assesses whether the evidence submitted meets the necessary threshold for prosecution. Ingonga highlighted the ongoing situation at Shakahola, where bodies are still being exhumed and post-mortems are pending, indicating that no charges can be confirmed until these processes are completed.
Ingonga further distanced his office from police detentions, pointing out that arrests and the holding of suspects are the responsibility of the police. He explained that if a suspect is detained beyond 24 hours, it is the police’s responsibility, and only when they seek more time does the ODPP move to court for pre-trial detention orders.
He stressed that successful prosecutions require ‘watertight’ evidence, revealing that incomplete files are often returned to investigators for further work. Ingonga emphasized that evidence in criminal cases must meet the threshold of beyond reasonable doubt, which is why files are sometimes returned for additional investigation to avoid weak cases that might collapse in court.
Addressing case withdrawals, Ingonga invoked Article 157 of the Constitution, which grants the DPP the power to withdraw charges before judgment with court approval. He argued that withdrawals protect the state from costly compensation claims resulting from wrongful prosecutions, noting that proceeding with weak evidence could lead to acquittals and subsequent lawsuits for malicious prosecution.
Citing the corruption case against Trans Nzoia Governor George Natembeya, Ingonga noted that initial allegations of Sh1.4 billion were scaled down to Sh3 million after a review of evidence, underscoring that prosecutions proceed only with substantiated evidence to prevent case collapse.
The DPP acknowledged capacity gaps, highlighting that the ODPP is understaffed by about 50 prosecutors. However, he dismissed claims of a massive backlog, stating that the office is currently reviewing 185 files from the Independent Policing Oversight Authority (IPOA).
Ingonga also revealed that cases are continuously reviewed, even after trials have begun, and suspects may be turned into witnesses if their testimony strengthens a case. He affirmed that the ODPP’s role is to ensure justice is served through credible prosecutions and that further investigations or withdrawals are directed to safeguard the integrity of the justice system.