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DPP nominee: Why ‘big fish’ cases were dropped
Director of Public Prosecutions nominee Renson Mulele Ingonga before the Justice and Legal Affairs committee at Parliament Buildings in Nairobi on Thursday, August 31.
Illegally obtained evidence that could not stand in court, and the desire to save taxpayers money, are among the reasons why high-profile cases were withdrawn by the Office of the Director of Public Prosecutions.
President William Ruto’s nominee for the position of Director of Public Prosecution (DPP) Renson Mulele on Thursday August 31 told the National Assembly’s Justice and Legal Affairs committee during his vetting that the cases were bound to fail since the witnesses had sworn on oath that they obtained evidence through illegal means.
“The evidence could not sustain the cases and had the cases proceeded, those charged were likely to win and sue the government for compensation, so the cases were withdrawn to save taxpayers money,” he said.
Mr Mulele, who is currently the senior assistant Director of Public Prosecutions and regional coordinator in North Eastern, told the committee that withdrawal of cases by the DPP is not strange, and that over 10,000 cases have been withdrawn so far.
“The withdrawal of cases is something that is done everyday countrywide, it is only that we focus on those of senior persons,” Mr Mulele told MPs.
He explained that before any case is withdrawn, assessment is done on its viability and the reasons must be convincing to the court.
“We have had instances where the courts have declined on the withdrawal of some cases because the reasons given by the DPP were not convincing, so we don’t just withdraw cases for the sake of it,” Mr Mulele said.
The 50 year old holder of a master of law degree from University of Nairobi was responding to questions from MPs on whether the withdrawal of the cases were politically instigated.
Former DPP Noordin Haji was criticised before and during his vetting for the National Intelligence Service director-general position over his decision to withdraw cases of high-profile individuals. Some of the cases included that of Deputy President Rigathi Gachagua, Public Service Cabinet Secretary Aisha Jumwa and former Kenya Power boss Ben Chumo.
Article 157 of that constitution states that the DPP can discontinue any criminal proceedings at any stage before judgment is delivered.
Mr Mulele decried low budgetary allocation to the ODPP, saying this was affecting cases in court. He pointed out that they only have 710 prosecutors who are supposed to attend to cases in 770 judges and magistrates’ court and five courts of appeal
“You find that one judge handles three cases in different courts, so it’s not possible for a prosecutor to prepare well for them and even attend all of them, yet we are being blamed for missing court sessions. It’s not our wish but lack of manpower,” he said.
Mr Mulele told MPs that if confirmed as the next DPP, he will be strictly guided by the rule of law and he will not allow political interference in the discharge of his duties.
“I will not be swayed by politicians or any other person. That will not happen under my tenure. Everybody will be equal before the law,” he said.
On corruption, Mr Mulele, who is worth Sh300 million comprising his house and family land, said he will have a special cadre of prosecutors to deal with the vice, adding that his nine years’ experience at the ODPP will also come in handy while dealing with such cases.
“I have handled high-profile cases where there is a lot of money involved and I was not influenced. I have been a civil servant all my career and it’s through my salary that I have grown my net worth to the current amount,” Mr Mulele said.