The Office of the Director of Public Prosecutions (ODPP) has distanced itself from reports that it has withdrawn 1,000 cases in the last year.
In a statement, ODPP said its mandate and functions include instituting and undertaking criminal proceedings against any person before any court of law, other than a court-martial, in respect of any offenses alleged to have been committed, and cases forwarded by investigative agencies.
“The ODPP notes that the said article falsely highlights that the DPP has withdrawn 1000 cases from the courts in the past year.
“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,” read part of the statement by ODPP.
The office noted that the process of withdrawing a case involves the DPP filing a formal application detailing the reasons and attaching relevant documents and evidence before the court makes a determination.
“This procedure is, therefore, not arbitrary or whimsical, and is aimed at preventing abuse of the criminal justice system and protecting public interest,” ODPP remarked.
The ODPP pointed out that in the cases of Yagnesh Devani and ex-Mungiki boss Maina Njenga, the respective judicial officers were satisfied that the DPP had prosecuted cogent and credible reasons before allowing the application for withdrawal.
Further, the ODPP urged the media to exercise their duty in a responsible, objective, and factual manner and seek to verify information in their possession with relevant authorities before publishing the same.
“The ODPP remains committed to executing its constitutional mandate as per the rule of law, with due regard to the public interest, administration of justice, and prevention of abuse of the legal process,” ODPP added.
This comes after DPP Renson Ingonga decided to withdraw the case of Njenga citing insufficient evidence.
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