This archive report was first published on 17 July 2020.
Published on July 17, 2020, a landmark ruling by the Constitutional Court has sent shockwaves through Kenya's criminal justice system. The court declared that any criminal proceeding carried out without the consent of the Director of Public Prosecutions is unconstitutional and unlawful.
The ruling, handed down by Justice George Odunga, has significant implications for the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP). According to the court, the DCI's role has been reduced to collecting evidence, while the DPP will take over all criminal cases from there.
Justice Odunga ruled that the DCI's attempts to charge individuals with criminal offenses without the consent of the DPP amount to an abuse of power and are therefore null and void. The court also stated that the DPP is not bound by the actions undertaken by the police in preventing crime or bringing criminals to book.
The ruling has sparked concerns about the potential bottleneck in the criminal justice system, particularly in rural areas. With thousands of criminal cases filed every day, it remains to be seen how the DPP's office will handle the increased workload.
Justice Odunga emphasized that the DPP has the final say in the exercise of prosecutorial powers and that no public prosecution may be undertaken without their consent. The court also warned that it has the mandate to halt any investigations that are not independent or which are carried out for the purpose of achieving some collateral goal.
