• Lawyer Omari says it takes collective responsibility for cases to be watertight, and that if witnesses don’t come forward to provide evidence, then investigative agencies are bound to fail because the case cannot be watertight.
• President William Ruto’s presidential campaign was made on a promise to reform the security sector and the criminal justice system.
Image: CHARLENE MALWA
President William Ruto's new regime has seen numerous changes put in place in a manner raising eyebrows on the professionalism and mandate of the police.
From the investigative agencies to the constitutional offices, the sweeping changes have hit hard institutions entrusted in delivering justice to the people.
Acquittals, withdrawal of cases and witnesses recanting their testimonies has become the order of the day.
The Director of Public Prosecutions Noordin Haji recently withdrew high profile cases that had been ongoing involving senior government officials including the current deputy president Rigathi Gachagua and Cabinet secretaries Aisha Jumwa and Mithika Linturi.
All the withdrawals were blamed on shoddy investigations by the Directorate of Criminal Investigations and coercion, allegedly by the previous regime.
From the look of it, constitutional officeholders might have gone against the oaths of office they took and against the spirit of the Kenyan constitution.
Detectives are also reported to have confessed that they were forced to hasten investigations and arrest certain individuals whose political stance was against that of the former regime.
The latest case to be acquitted is that involving businessman Chris Obure who was accused of failing to secure his firearm which was allegedly used in the murder of one Kelvin Omwenga in 2020.
The acquittal comes about three years after the case began.
In the case, Obure had been accused on August 21, 2020 at Senteu Plaza being a licensed firearm holder, allowed his firearm to be used by Ouko to commit murder.
Milimani senior principal magistrate Bernard Ochoi also freed Obure in a charge of being in possession of a firearm without a license on lack of evidence.
While acquitting him, the magistrate ruled that the prosecution failed to prove beyond reasonable doubt the two criminal charges against him.
In the ruling, the magistrate said after evaluating the evidence and facts in the case, he found that the prosecution has not established a prima facie case against the first accused person (Obure).
"I, therefore, acquit him all counts under section 210 of Criminal Procedure Code," magistrate Ochoi ruled. The court however, said his co-accused has a case to answer.
President William Ruto’s presidential campaign was made on a promise to reform the security sector and the criminal justice system.
Among the first things he did was to appoint a new DCI boss and Inspector General of Police. Other reshuffles have also been made with key departments getting new leadership.
He has also met the top security chief in the country to discuss the reforms.
The question that remains unanswered for many Kenyans is, are these reforms enough? And will they work for the better?
According to Lawyer and political analyst Danstan Omari, everyone who is taken to court is innocent until proven guilty.
He explains that innocent people at times are taken to court wrongly and that is why there is acquittal.
“The fact that there is acquittal provided in the law, is already aware that the evidence may not be sufficient or it was a wrong mistake to take the person to court or it was a framed up charge,” Omari said.
Everyone is subjected to this not only the high profile people like Gachagua and Aisha Jumwa
Lawyer Omari says it takes collective responsibility for cases to be watertight, and that if witnesses don’t come forward to provide evidence, then investigative agencies are bound to fail because the case cannot be watertight.
“If there are no complainants, they are not ready to come to court. If they are not ready to go to the police and provide evidence, the investigators fail. So the role is simple,’ he added.
Omari further questions what is the role of citizens to provide evidence to assist investigators to apprehend the perpetrator.
What is the training capacity of the DPP to prosecute? What is the training capacity and issues of the judiciary to determine these matters, based on the law?
“The role is simple. All actors in the criminal justice system must work together. The law does not only envisage conviction. It also envisages that innocent people are sometimes taken to court wrongly,” he noted.
Fingers have been pointed at DPP Haji for the withdrawal of the cases owing to their timings.
However, in the ODPP Consolidated Annual report for the year 2020/2021, 18,750 criminal cases were withdrawn, while 8,833 cases were acquitted.