Transparency International (TI) and Kenya National Human Rights Commission have proposed to have prosecutors held responsible for failed corruption cases.
According to a statement released by Transparency International on Sunday, human rights activists have proposed that prosecutors' immunity should be removed to discourage neglect of prosecutorial duty over the recent trend of abrupt case withdrawals.
“If prosecutorial counsel bungles a corruption case, the court should lift the immunity of such prosecutors and hold them personally liable to discourage neglect of prosecutorial duty, “ read the statement in part.
Further, the two organisations explained that the prosecution should be held liable for the collection of sufficient evidence before tabling a case, a move aimed against the withdrawal of cases for insufficient evidence claims.
“Implementing rigorous guidelines in the decision to charge will ensure that cases cleared for prosecution meet the requisite evidentiary threshold.”
“This will minimise the risk of rushed or frivolous charges, or premature withdrawals, fostering confidence in the integrity of the prosecution process” stated Transparency International.
Further, they are recommending that the Ethics and Anti-Corruption Commission (EACC) have prosecutorial powers, noting that the current structure encourages the conflict between the Office of the Director of Public Prosecutions (ODPP) and EACC.
“This would enable EACC officers, often at the forefront of corruption investigations, to directly prosecute matters, thus reducing the likelihood of conflicting decisions among investigators and prosecutors," elaborated Transparency International.
In addition to this, the lobbyists have accused the ODPP of withdrawing high-profile cases such as that of government officials from the Geothermal Development Company (GDC) and that of Kenya Pipeline Authority (KPA) bosses.
Additionally, the two organisations pointed to the decision by a group of activists sue prosecutors who allegedly bungled the Arror and Kimwarer dams case as an example that the nation should emulate.
The case which was presented by a group of rights activists drawn from various organisations in January 2024, sought to have them found guilty of mismanaging the case and negligence of their duty.
According to a statement issued at the time of filing the charges, the lobbyists stated, “Only eight out of 49 witnesses were presented, with 41 witnesses not interrogated, suggesting a possible strategy for a prosecution-led acquittal”.
