In his State of the Nation address last Thursday, President William Ruto expressed concern about the high number of high-profile graft-related cases unilaterally withdrawn by the Director of Public Prosecutions (DPP), an issue that has been under public scrutiny for some time.
The pulling of cases particularly high-profile ones raises serious concerns about accountability, transparency, and fairness. Kenyans deserve to know why a case that was initially deemed worthy of prosecution is suddenly dropped.
Whereas the role of the DPP is one of the most critical in the criminal justice system, as an office responsible for overseeing the prosecution of criminal cases, ensuring justice is served, and upholding the rule of law, its actions carry immense weight.
Public trust is paramount in any democratic society, and when the DPP makes decisions that are perceived to be opaque or arbitrary, it can erode that trust.
Citizens must feel assured that decisions about withdrawing cases are made based on merit and the pursuit of justice and not influenced by political or personal considerations.
Are cases being dropped because of new evidence, or is it due to external pressure or political interference? Without a clear, public explanation from the DPP, these questions inevitably lead to speculation and undermine public confidence in the justice system.
As the President rightly put it, the fight against corruption “will only achieve [the] intended results if and only if institutions charged with integrity stop hiding [behind] the transparent screen of independence and rise up to meet people’s expectations on matters of integrity”.
The DPP’s penchant for dropping high-profile graft cases on grounds that it cannot provide witnesses not only make little sense, but it also defeats the very purpose and logic of relevant agencies commencing investigations leading to arrests.
Take the case of Triton oil boss Yagnesh Devani, who was first extradited from the United Kingdom, where he had sought refuge, and arrested to face charges over an old Sh7.6 billion oil scandal, only for the case to be withdrawn soon after due to lack of witnesses.
From a legal standpoint, the DPP’s authority to withdraw cases must always be exercised with caution.
