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The Office of Director of Public Prosecutions (ODPP) has documented at least 53 cases of examination irregularities and malpractices in the last four years.

According to the ODPP, the cases are in various stages, with some being active in court, some awaiting either judgment, review of evidence or hearing while a few have been withdrawn.

The cases range from committing malpractices to unauthorised possession of exam material to impersonation.

This was contained in ODPP response to inquiry on alleged cheating and malpractices presented yesterday to the National Assembly committee on education.

“The ODPP has annexed a list of 53 cases.

The decision to charge is one of the most important decisions that a prosecutor makes. In making the decision to charge, the prosecutor enjoys broad discretion, weighing various factors including contextual, situational, statistical factor as well as statistical analysis and the applicability of alternative prosecutions,” said Public Prosecutions Secretary, Dorcas Oduor in a document presented to the committee yesterday.

She explained that the standard in making a decision to charge is whether there is a reasonable prospect of conviction. She however said cases relating to cheating and exam malpractice, most perpetrators are minors.

In dealing with children in conflict and contact with the law, she said the ODPP developed the prosecutors guide to children in the criminal justice system. “Each case is handled on its own merit.

The ODPP prosecution policies advocate for diversion as the first port of call when dealing with child offenders. The diversion process is case specific and involves different players who have varying levels of influence on the matter.”