MOMBASA, Kenya – The Director of Public Prosecutions (DPP), Renson Ingonga, has strongly denied claims that his office lacks independence and is therefore being influenced by the national government.
This comes when a section of Kenyans has expressed displeasure at the Office of the Director of Public Prosecutions (ODPP) for being used by the State to oppress Kenyans by filing court cases that later collapse due to insufficient evidence or are even withdrawn by the prosecution itself.
“The Office of the Director of Public Prosecutions (ODPP) is independent, and the DPP is independent; that is why we have guidelines even to take matters to court, and they meet the threshold that is available for all offences,” said DPP Ingonga.
Speaking in Mombasa during the 23rd Commonwealth Heads of Prosecution Conference (HOPAC), DPP Ingonga stated that the cases brought before courts are not part of any hidden agenda but are instead meant to seek justice and that his office remains independent in carrying out its mandate.
“And when you go to court, it doesn’t mean that all trials must result in a conviction. It is the evidence, and the evidence keeps on shifting, and you must understand that, unfortunately for the DPP, we give all the evidence that we are going to rely on to the defence; unfortunately, we don’t receive evidence from the defence,” DPP Ingonga lamented.
Why the ODPP drops cases in some instances
Ingonga observed that it is against this backdrop that you will find out that, in the course of the trial, his officers will realise there is evidence on the defence that they didn’t have.
“If you had that kind of evidence, you wouldn’t have charged those people. So, you will find that sometimes, the ODPP withdraws some of the cases after realising that from where the defence is, you will not get a conviction,” explained the DPP.
But in the process at the defence stage, DPP Ingonga reiterated that the defence closes the evidence that would poke holes into the prosecution’s case, and then the person (accused) is acquitted.
How Kenya and the U.S. are fighting crimes
Meanwhile, DPP Ingonga had a bilateral meeting with a group from the US Embassy in Kenya on the sidelines of the 23rd Commonwealth Heads of Prosecuting Agencies Conference.
With a focus on counterterrorism, terrorism financing, and stopping illegal financial flows, the meeting aimed to improve cooperation between Kenya and the United States in the fight against transnational organised crime.
The DPP praised the ongoing collaboration with the USDOJ, especially in strengthening Kenyan prosecutors’ ability to manage cases involving terrorism.
To give prosecutors the abilities and resources they need to prosecute complicated terrorism offences, the USDOJ has played a key role in the creation of a specialised counterterrorism curriculum at the Prosecution Training Institute.
The DPP expressed gratitude to Jody Young for his continuous assistance and steadfast dedication, which have greatly aided in the upskilling of prosecutors nationwide.
Why the US delegation lauded the ODPP
The Office of the DPP was commended by the USDOJ delegation for successfully prosecuting high-profile terrorism cases, such as the Dusit terrorist attack, underscoring Kenya’s increasing proficiency in dealing with regional and national security threats via strong legal frameworks and prosecutorial excellence.
Timothy Trenkle, Political Counsellor at the U.S. Embassy in Nairobi, led the delegation, which also included Trevor Analo, Kenyan Political Specialist; Jody Young, Resident Legal Advisor at the U.S. Department of Justice (USDOJ); Caroline Mtai, Kenyan Legal Advisor with USDOJ; and Claire Thomas, Political Officer.
Since he was appointed DPP on September 20, 2023, Ingonga has been facing scrutiny regarding the withdrawal of high-profile graft cases.
Concerns have been raised about his actions, with accusations suggesting he has been dropping cases.
Court documents have argued that Ingonga is unfit for office due to these actions, citing violations of the Constitution.
However, DPP Ingonga maintains that all case withdrawals are fully explained in the applications.
