ODPP urges prosecutors to probe societal issues to ensure justice

Prosecutors have been urged to go beyond traditional legal practices and examine societal issues that may contribute to criminal behavior in order to ensure a more balanced justice system.

Speaking at the Office of the Director of Public Prosecutions (ODPP) Nakuru Open Day on October 8, 2024, Alloys Kemo, Deputy Director of the Prosecution Training Institute, highlighted the importance of adopting an expanded approach to justice that addresses the root causes of crime.

Kemo, who represented Director of Public Prosecutions Renson Ingonga at the event, emphasized that collaboration with various stakeholders is crucial in tackling the causes and consequences of criminal behavior.

“The demands of modern prosecution require prosecutors to do more than just process cases and conduct trials. They must also analyze the societal factors that may contribute to criminal activity,” Kemo said. “As ministers of justice, prosecutors are tasked with developing and implementing strategies for crime prevention.”

He noted that a comprehensive approach to justice should include addressing issues like gender-based violence, femicide, child trafficking, and police brutality, all of which have been on the rise in the country.

Kemo acknowledged the profound impact of these crimes on the physical, mental, and economic well-being of individuals, urging for innovative solutions. "The high prevalence of these crimes obliges our criminal justice system to respond effectively at every stage, from investigation to adjudication,” he said.

The Deputy Director said that the ODPP is prioritising alternative measures to traditional trials, such as plea bargaining and diversion policies, as part of efforts to streamline the justice process and ease the burden on courts.

“This strategic approach ensures that not all cases need to go to trial, allowing for negotiated resolutions where appropriate,” Kemo explained.

The ODPP’s Nakuru Open Day, held under the theme “Mashtaka Yenye Haki na Usawa” (Justice with Fairness and Equity), brought together key stakeholders from the justice sector, including representatives from the National Police Service, the Judiciary, the Independent Policing Oversight Authority, the Ethics and Anti-Corruption Commission (EACC), and civil society organisations.

The event provided a platform for public engagement, where attendees were informed about key policies such as Plea Bargaining and Diversion. These policies allow for negotiated resolutions of minor offenses, helping reduce court congestion and freeing up resources for more serious cases.

“We encourage the public to use alternative mechanisms for resolving less serious offenses, where complainants and offenders can reach mutual agreements without necessarily going to court. This aligns with our mission to promote peace and offender rehabilitation,” Kemo said.

Many participants at the event said that they were not familiar with the ODPP’s mandate, a gap Kemo acknowledged. He emphasized the need for similar outreach efforts across the country. “It’s clear from today’s discussions that many people don’t fully understand the ODPP’s role, and we are committed to bridging that gap,” he said.

Nakuru County Commissioner Lyford Kibaara praised the ODPP’s efforts to promote justice and stressed the importance of cooperation among government agencies in combating corruption and delivering fair justice.

“The National Government Administration team is a vital partner in upholding justice, public safety, and security,” Kibaara said, emphasizing the need for all justice institutions to maintain integrity and foster public trust.

Kibaara also called on the ODPP to prioritise the efficient processing of cases in order to meet the public’s demand for timely justice. “Corruption affects service delivery and erodes public confidence. It is crucial that we handle our responsibilities with professionalism and ensure equality before the law,” he said.