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Dropping of cases sends wrong signal

Dropping of cases sends wrong signal
DPP Noordin Haji. PD/FILE

True, Kenya got off on a wrong start when it allowed aspirants and candidates with integrity questions to vie for public office. That one wrong move appears to have opened a floodgate for people who have made a mockery of the need for integrity and probity as envisaged under the spirit of the Constitution to seek public office.

In as much as the DPP has said that some of those cases now being dropped were weak from the start, the speed at which they are being thrown out — and the timing — leaves a great deal to be desired. It is sending a message that impunity has walked in through the door, not just alone but with its children. The risk with turning the other cheek is that unless we all raise our voices now and demand better, the new worrying trend risks becoming the norm.

Even as the cases are being dropped, it is not clear whether at some point, either the DPP or the Directorate of Criminal Investigations (DCI) will re-open the cases so that citizens and those adversely mentioned or affected can get closure. Letting go of the cases without a clear roadmap of what lies ahead sends worrying signals about the new administration’s commitment to safeguarding public resources and inspiring patriotism. It does not help that the DPP has blamed DCI for the loopholes in the cases.

Judges are coming off as being too pliant at a time when they are expected to be more independent now that they are getting their revenues directly from the Consolidated Fund. It is important that the Judiciary, as an institution, is seen to put its foot down in sensitive cases in addition to providing checks and balances to the other arms of Government.

So too should the Legislature, especially given that it will play a crucial role in vetting those shortlisted for public office, including Cabinet Secretaries. Legislators ought to remember that they have a job description drawn for them by the electorate and they will be answering when their tenure ends in five years.

The long and short of it is that unless Kenyans collectively demand respect for the rule of law, and logical conclusion of cases involving serious offences such as tax evasion and graft, the emerging trend is counter-productive to public interest.

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