Rédaction Africa Links 24 with Kenyans.co.ke
Published on 2024-02-25 23:14:07
Transparency International (TI) and the Kenya National Human Rights Commission are advocating for a significant change in the way prosecutors are held accountable for failed corruption cases in Kenya. In a joint statement released by the two organizations, it was proposed that prosecutors should lose their immunity and be held personally liable if they mishandle corruption cases, leading to abrupt case withdrawals. This proposal aims to deter neglect of prosecutorial duty and ensure that prosecutors carry out their responsibilities effectively.
The organizations emphasized the importance of prosecutors collecting sufficient evidence before bringing a case to court, to prevent cases from being withdrawn due to lack of evidence. They suggested implementing strict guidelines to ensure that only cases with the necessary evidentiary threshold are prosecuted. This, they believe, will reduce the risk of frivolous charges, premature withdrawals, and ultimately increase confidence in the integrity of the prosecution process.
In addition, Transparency International and the Kenya National Human Rights Commission suggested that the Ethics and Anti-Corruption Commission (EACC) should be given prosecutorial powers to reduce conflicts between the EACC and the Office of the Director of Public Prosecutions (ODPP). By allowing EACC officers, who are often involved in corruption investigations, to prosecute cases directly, the organizations believe that conflicting decisions between investigators and prosecutors can be minimized.
The lobbyists also criticized the ODPP for withdrawing high-profile cases involving government officials from the Geothermal Development Company (GDC) and the Kenya Pipeline Authority (KPA). They cited the example of a group of activists who sued prosecutors for mishandling the Arror and Kimwarer dams case, where only eight out of 49 witnesses were presented, raising concerns about a strategy for a prosecution-led acquittal.
Furthermore, Transparency International and the Kenya National Human Rights Commission highlighted the need for accountability and transparency within the prosecution process. They believe that by holding prosecutors responsible for their actions and ensuring that cases are prosecuted based on sufficient evidence, the justice system in Kenya can be strengthened.
The organizations called for reforms that prioritize the integrity of the prosecution process and aim to reduce corruption and malpractice within the justice system. They hope that their proposed changes will lead to a more accountable and efficient prosecution system, ultimately promoting the rule of law and combating corruption in Kenya.
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