Nakuru: Insufficient evidence that cannot stand in court and the desire to save taxpayers’ money are among the reasons why high-profile cases are withdrawn by the Office of the Director of Public Prosecutions (ODPP). Deputy Director of the Department of Prosecution Training Institute, Mr. Aloys Kemo, explained that evidence in all the cases previously withdrawn could not sustain the charges. Those indicted were likely to win and sue the government for compensation, so the cases were withdrawn to save taxpayers’ money.

According to Kenya News Agency, Kemo stated that the withdrawal of cases by the ODPP is not unusual, with over 1,000 cases having been withdrawn so far. During an ODPP Open Day at the Red Cross Hall in Nakuru, Kemo addressed various stakeholders and explained that before any case withdrawal, an assessment is conducted on its viability. The reasons must be convincing to the court. He emphasized that the ODPP does not withdraw cases arbitrarily and that the decision to prosecute is a vital aspect
of the criminal justice chain.

Kemo clarified that the ODPP bears the sole responsibility to scrutinize every aspect of an investigative file and that the office should not function as a mere conveyor belt. He elaborated that the criminal justice system is a complementary relationship among various agencies, and the ODPP works in coordination with these agencies. Kemo maintained that the ODPP had performed well in prosecuting cases involving high-profile individuals and explained circumstances leading to case withdrawals, such as insufficient evidence, loss of witness interest, or withdrawal by complainants.

Nakuru County Commissioner Mr. Loyford Kibaara highlighted the importance of integrity within the criminal justice system, emphasizing that incidences of corruption affect public confidence in state-run institutions. Kibaara noted that the ODPP reflects fairness and equality in the prosecution process and that public officers must foster public trust and promote ethical behavior.

Kibaara further explai
ned that the role of prosecution is entrusted to the ODPP as per the Constitution, which provides the DPP with independence in the commencement of criminal proceedings. The DPP must consider public interest and the need to avoid legal process abuse. Kibaara outlined the ODPP’s reliance on various investigative agencies and the need to ensure completeness and thoroughness in evidence collection.

The ODPP, delinked from the Office of the Attorney General after the 2010 Constitution, operates under a system of checks and balances to maintain fairness. Successful prosecution requires thorough investigations using modern techniques, and all players in the criminal justice chain must work seamlessly to achieve this goal.