This archive report was first published on 29 August 2019.
Kenya's war on corruption has been ongoing for years, with many Kenyans calling for the conviction and jailing of high-profile individuals accused of corruption. However, the current system makes it challenging to achieve convictions, with many accused persons facing lengthy court proceedings and severe consequences.
According to the Constitution, an accused person has the right to adequate time to prepare a defense, to have the trial begin and conclude without unreasonable delay, and to have access to the evidence the prosecutor will rely on. However, this right is often compromised, with many accused persons spending months and years appearing in court.
One of the biggest challenges in prosecuting corruption cases is the reliance on documentary evidence. In one recent case, the lead prosecutor declared that the case involved over 25,000 pages of evidence, which would require 500,000 pages to be provided to the accused persons. This has led to comical scenes in court, with prosecutors and defense lawyers arguing over how to present the evidence.
Another challenge is the preservation orders granted under the Proceeds of Crime and Anti-Money Laundering Act. These orders allow the Assets Recovery Agency to freeze assets of accused persons believed to be proceeds of crime, rendering them unable to provide for their families or pay legal bills.
Despite these challenges, there are some strategies being employed to increase convictions. Charging a large group of people with one crime can shake out the weak and turn them into state witnesses. Plea-bargaining is also being used as a shortcut to get to the big fish. However, even if the charges are dismissed or an accused is acquitted, the journey has been arduous.
As the Chief Justice once admonished the Director of Public Prosecutions, bringing forward unwieldy cases can hinder the prosecution's efforts. However, charging a large group of people with one crime can also be a strategy to shake out the weak and turn them into state witnesses.
