The Director of Public Prosecutions (DPP), Renson Ingonga, has revealed that malicious prosecutions against the government are the main reason behind the withdrawal of high-profile cases, including those involving politicians.
Speaking at a media event on Friday, August 29, Ingonga said that the high costs of litigation were the reason why politicians and other individuals of interest to the State often escaped justice.
He noted that the government was often forced to bear the costs when someone sued and won, with the money often coming from the Office of the DPP’s budget.
By withdrawing the cases, he noted, the government would not have to undergo the rigorous court proceedings and would be able to focus on other individuals that are on its radar.
“Failure to withdraw these cases makes the government liable to cases of malicious prosecution,” Ingonga noted.
“Every time a person sues and wins, the money comes from the government’s budget, and that is a high cost on us,” he added.
In the past, the DPP has been on the spot over the withdrawal of the cases, particularly before acquittal, with some viewing the withdrawals as an attempt to protect powerful individuals and an abuse of the legal process.
In most instances, the accused persons face graft-related charges, with critics expressing concerns that the trend undermined public confidence in the fight against corruption and impunity.
Notable cases included former Deputy President Rigathi Gachagua, who had a Ksh7.7 billion graft case dropped, over insufficient evidence.
Aisha Jumwa, current Chair of the Kenya Roads Board, had charges of embezzlement of Ksh19 million withdrawn against her as well.
The Ksh7.6 billion graft case against businessman Yagnesh Devani was also withdrawn, with the ODPP stating it did not have enough witnesses or documentary evidence.
Despite the controversy, Ingonga maintained that he was committed to fighting graft and bringing all the guilty suspects to book.
