The DPP said the decisions to charge or withdraw cases are guided strictly by legal thresholds and available evidence, not public pressure or political influence.
Speaking during a public engagement, Ingonga emphasised that the Office of the DPP is independent and operates according to established legal guidelines that determine whether a case meets the threshold for prosecution.
“The Office of the DPP is independent, and the DPP is independent — that’s why we have guidelines before even taking matters to court,” he said. “Meeting the threshold is crucial, and not all trials must end in conviction.”
Ingonga pointed out that in criminal trials, the prosecution is required to disclose all its evidence to the defence, but the reverse does not apply. As a result, new information often emerges during the trial from the defence, sometimes undermining the prosecution’s case.
“Unfortunately for the DPP, we give all the evidence to the defence. But we do not receive evidence from the defence. That’s why you may find that in the course of the trial, there’s evidence from the defence that we didn’t have. If we had it, we wouldn’t have charged those people,” he said.
He added that when it becomes clear that a conviction is
unlikely due to new evidence revealed by the defence, the DPP may opt to
withdraw the case.
“At times, the DPP withdraws some cases after realising that based on what the defence has, we won’t secure a conviction,” Ingonga explained.
The DPP also addressed the broader role of the justice system in ensuring national stability, arguing that public security is a prerequisite for any meaningful development.
“Any society, any government, must first have security and stability,” he said. “Without stability, we can’t speak about economic success, financial growth, or tourism.”
He concluded by reaffirming Kenya’s commitment to regional cooperation in addressing serious cross-border crimes.
“In my region, along with other countries, we’re taking serious measures to fight terrorism, terror financing, money laundering, and other serious crimes,” he stated.
