Director of Public Prosecutions Noordin Haji has said it is unfair to say that the buck stops with his office when it comes to the war on graft.
He said Kenyans need to obey and respect the Constitution as a first step.
"The issue of respecting the Constitution is probably what we need to work on first before we can say we've succeeded in fighting corruption,” Haji said.
In his engagement with members of the public on Friday under the hashtag #CaféWithDPP, Haji said, “The ODPP can only suggest a sentence, the decision is at the discretion of the Judiciary.”
He said that ODPP is not only about convictions, but is about ensuring that everybody has access to justice, including the accused person.
Haji added that his office is not only focused on convictions, but on access to justice, including for the accused who might be charged wrongly.
The DPP said his office has no issue with EACC, adding the anti-graft agency has been constitutionally mandated to fight corruption.
“EACC has been constitutionally mandated to fight corruption. And as ODPP, we have no issues with the EACC prosecuting corruption cases because they have the skills, capacity, and mandate to expedite such matters".
Haji also dismissed claims that his office has been incompetent in prosecuting some cases of public interest.
“We have to draw the line or understand that what we desire may not necessarily stand in court. If I was to take everything that is in social media, then those who say we are incompetent will have something to say about that".
He said Migori Governor Okoth Obado’s case is in court and the prosecution has argued that he should not be in office.
He also said Embakasi East MP Babu Owino's case is in court and is ongoing.
“All cases that have been mentioned in the media that ODPP has not prosecuted are ongoing for example; The Obado' s case, Babu Owino's case, Jowie and Maribe's case and other more.”
According to Haji, unavailability of witnesses, delay tactics by the defence counsel, prosecutors who are overwhelmed, judges who are not able to listen to cases simultaneously are some of the reasons why cases delay.
Regarding the Arror and Kimwarer dams case, Haji said they are before the court.
“The numbers of accused have been reduced therefore prosecution will be done effectively.”
He also said that in instances where the file has been returned, it does not mean that the case has been closed.
“Returning the file doesn’t necessarily mean that we have said there is no case. In fact, when you return the file and ask people to cover, it means there is some evidence. It’s not just sufficient for us to go to court."
Edited by CM
