Public urged to embrace alternative court case prosecution to reduce backlog

The Office of the Director of Public Prosecutions has rolled out a nationwide campaign to educate Kenyans on its operations in an effort to fast-track justice dispensation.

The department has said it is deploying alternative prosecution measures to reduce the number of cases being prosecuted in court.

Prosecution Services secretary Alloys Kemo cited plea bargain as one of the measures, saying it can result in lesser charges against the accused if they agree to plead guilty.

At the same time, plea bargains can see charges dropped against an accused person and restitution done to the complainant.

"In case of many accused persons, those found to have committed lesser offences can be used as witnesses against others suspected to be the main offenders. We have successfully used these practices to fast-track the conclusion of cases," he said.

"Where charges are not too serious and the accused is willing to take responsibility and own up to their offences, both parties can agree to resolve the matter and the victim given restitution." 

He, however, explained the alternative dispute resolution are only applied in cases that do not involve sexual offences and crimes against humanity.

The alternative practices, he added, save the government huge resources by ensuring the speedy resolution of cases.

Speaking in Nanyuki during a team-building exercise of ODPP officials from the Rift Valley region, Kemo said court cases often require witnesses to be produced in court, exhibits to be presented, and experts to be facilitated to testify.

"It's very expensive to prosecute a complex case. That's why we employ these alternative measures to resolve some cases and in the process stem backlog," he said.

Kemo said since the department was established following the adoption of the 2010 constitution, the judicial system has undergone a transformation that has eased access to justice for Kenyans.

The Judiciary has automated most of its services, with the e-filing system allowing prosecutors to file cases digitally, while court users use the case tracking system to check the progress of their cases.

In the 2023-24 financial year, pending cases rose by 1.2 per cent from 625,643 to 649,310, with cases distributed among the small claims and magistrates courts, the High Court and the Supreme Court.

The Judiciary suffered a setback following a significant reduction of its budget from 2022-23 to 2023-24 financial year, according to the annual report on the state of the Judiciary and administration of justice.

The Judiciary received Sh22.42 billion, far below the Sh43.17 billion required, which affected delivery of services due to a shortfall of about 48 per cent.

Vincent Monday, county affairs acting deputy director, noted that ODPP has been established in all counties, serving all 145 courts.

"We're reorganising community dialogue forums in all parts of the country and have been to Kakamega, Kisumu, Nairobi and Mombasa," he said.

The forums aim to create awareness on the department and its services, and how the community can help in fast-tracking the prosecution of court cases.

Instant Analysis

Kemo said court cases often require witnesses to be produced in court, exhibits to be presented and experts facilitated to testify. The alternative practices, he added, save the government huge resources by ensuring the speedy resolution of cases.