This archive report was first published on 28 September 2021.
On September 28, 2021, Director of Public Prosecutions (DPP) Noordin Haji appeared before the Senate Justice, Legal Affairs and Human Rights Committee to express his opposition to a petition submitted by Taratisio Ireri Kawe in August.
According to Haji, the petition seeks to amend the Constitution and relevant laws, including the Penal Code, to have suspects detained until their cases are concluded. However, Haji argued that such a move would contravene the Constitutional principle of 'innocent until proven guilty.'
“Article 50(2) of the Constitution of Kenya, 2010 guarantees a presumption of innocence on all accused persons regardless of the nature of the offence(s). There is already in place the Victims Protection Act passed by Parliament pursuant to Article 50(9) of the Constitution. This Act contains detailed provisions on the rights of victims including participating in criminal proceedings,” the DPP explained.
Senators Mutula Kilonzo Junior, Johnson Sakaja, and James Orengo also expressed their opposition to the petition, citing concerns that it would undermine human rights provisions outlined in the Constitution.
“The ODPP has given sufficient reasons legal, constitutional, statutory and otherwise, why we cannot have a claw-back on Human Rights provisions outlined in the Constitution,” said Siaya Senator James Orengo.
