The Office of the Director of Public Prosecutions (ODPP) on Thursday issued a clarification denying that it had withdrawn 1,000 cases as reported by the press.
In a communique to the press, DPP Renson Ingonga singled out one story shared by a local daily on the withdrawal of ex-Mungiki boss Maina Njenga terming it as ‘erroneous reporting’.
Further, the article alleged that DPP had withdrawn 1,000 cases from the courts in the past year, which the prosecution office vehemently refuted.
The DPP, in the statement, noted that the law allows it to withdraw cases only after presenting satisfactory reasons for their withdrawal.
“Article 157(8) of the Constitution allows the DPP to withdraw cases with the permission of the court after presenting credible and cogent reasons to the judicial officer,” DPP elaborated adding that in the recent cases, the courts approved the withdrawal.
“In the cases of Yagnesh Devani and ex-Mungiki and Maina Njenga, the respective judicial officers were satisfied that the DPP had prosecuted cogent and credible reasons before allowing the application for withdrawal,” DPP added.
The DPP further explained that the procedure of withdrawal involves the prosecution filing a formal application detailing the reasons and attaching relevant documents and evidence before the court decides.
“This procedure is, therefore, not arbitrary or whimsical, and is aimed at preventing abuse of the criminal justice system and protecting public interest,” DPP asserted.
The office of the DPP emphasized its not in their domain to effect the withdrawal of the cases as they have constitutional mandates that they adhere to.
“The mandate and functions of the ODPP include instituting and undertaking criminal proceedings against any person before any court of law, other than a court-martial, in respect of any offences alleged to have been committed, and cases forwarded by investigative agencies,” DPP explained.
It comes barely two days after Director of Public Prosecutions Renson Ingonga decided to withdraw the case of Njenga citing insufficient evidence.
Njenga had faced a series of charges including seven counts of being a leader and member of the outlawed Mungiki, planning and coordinating criminal activities, as well as possessing illegal firearms.
The former Mungiki leader, alongside 11 others including his caretaker, were accused of planning his criminal activities at Njenga's house in Wanyororo, Nakuru County, on May 12, 2023.
