MOMBASA, Kenya – Chief Justice Martha Koome has reaffirmed the constitutional independence of the Office of the Director of Public Prosecutions (ODPP), insisting that decisions to prosecute — especially in terrorism-related cases — must be guided strictly by evidence and legal thresholds, free from political or external influence.
Speaking during a judicial forum in Mombasa on Friday, Koome made it clear that while the National Police Service is responsible for investigating crimes, the power to initiate prosecutions rests solely with the DPP.
“The law sets out clear thresholds of what constitutes terrorism,” Koome said. “It is the responsibility of the police to conduct investigations, and for the DPP to independently assess both the law and the evidence to ensure that any charges brought before the court meet these legal standards.”
Her comments come amid growing public concern over the use of terrorism charges against political protesters and activists, including recent high-profile cases involving opposition-aligned legislators and youth leaders.
Koome emphasised that Article 157 of the Constitution guarantees prosecutorial discretion and insulates the DPP from undue influence — including from the judiciary, executive, or public pressure.
“This discretion must not be influenced or directed by anyone, including judges, myself as Chief Justice, or political actors,” she added.
The Chief Justice also dismissed the notion that public comments — whether from victims, police, or judicial officers — should affect decisions on the nature or scope of charges brought to court.
Judiciary Hails Progress at the Court of Appeal
In her address, Koome lauded the Court of Appeal for significant progress in efficiency over the past year.
She noted that the average adjournment rate had dropped to 10.7 per cent — down from 14 per cent over the previous two years.
She attributed this to improved case management practices and the expected impact of newly appointed judges.
“The recruitment of 15 additional judges will go a long way in reducing the backlog, especially in the Court of Appeal, where we currently have 13,677 pending cases,” said Koome.
