This archive report was first published on 13 September 2019.
Published on September 13, 2019, the relationship between the Judiciary and the Directorate of Public Prosecutions (DPP) has been a subject of controversy in recent times.
The two institutions have been embroiled in a tussle over the trial of sitting judicial officers, with the latest case involving Mombasa Principal Magistrate Edgar Kagoni, who is implicated in the disappearance of exhibits in a narcotic suit.
However, the matter is currently under judicial arbitration in court, and it cannot be discussed outside those confines.
Another high-profile case involved Deputy Chief Justice Philomena Mwilu, on whom the DPP sought to press criminal charges. The case was terminated by the court, prompting the prosecution to cry foul and accuse the Judiciary of allegedly blocking the trial of its members.
According to the Constitution, every individual, regardless of their station in life, is liable for prosecution in case of transgression. An accused is entitled to a fair trial, and no individual or institution is above the law.
The Constitution created an independent Judiciary to administer justice without fear or favor, and the Judicial Service Commission was established to promote the independence and accountability of the Judiciary.
However, this has also elicited a backlash from other institutions, such as the Executive and Parliament, which are frightened by the increased powers and independence enjoyed by the Judiciary.
