As LSK President, I sit on the advisory board to the Director of Public Prosecutions.
There is a continuing exercise to enhance capacity and effectiveness in terms of increased personnel to handle cases.
The current group of 80 prosecutors has undergone training not available in the past.
They go through an intensive induction course to prepare them in the new skills they require as prosecutors.
We have local and international expert trainers providing different facets of criminal prosecution to help ensure we have no lapses in prosecutorial skills henceforth. There will be another review of successful candidates next year to further increase prosecutors' capacity.
In any criminal or civil case, successful prosecution — a conviction — depends on evidence adduced in court, how well it has been laid out and how effectively witnesses have testified.
Remember, in a criminal case, the burden of proof is higher — beyond a reasonable doubt — unlike in a civil case that depends on the balance of probability.
When you have a clear-cut and water-tight case, convictions will easily flow. If the case is weak, the accused should be acquitted.
It all depends on the evidence adduced because I could be the best lawyer in the world but if I have a weak case in terms of evidence and witnesses, I can’t secure a conviction.
Once there's thorough investigation, proper evidence and proper evaluation of the facts by the court, then of course, the chances of convictions are extremely high.
Frequent training of these officials will not only help fight against corruption but also all manner of criminal cases.
The Judicial Service Commission recently recruited new magistrates.
As LSK, we implore that the JSC be fully constituted so they can have the capacity to start advertising for more judges of the High Court and Court of Appeal.
Quite a number of Appeal Court judges have retired while others are retiring next year. Unless we start the early recruitment, we will have a backlog of cases.
The president of the Law of Society of Kenya spoke to the Star