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The Nairobian

Kindiki: We respect independence of DPP's office

National

By Nancy Gitonga | Dec 05, 2024

**Deputy President Kithure Kindiki.** [File, Standard]

Deputy President Kithure Kindiki has reiterated the Executive's commitment to upholding the independence of the Office of the Director of Public Prosecutions (ODPP) and other independent institutions.

He emphasised that the government will provide the necessary resources to empower these institutions while fostering collaboration.

“The Executive is committed to providing resources to ensure we not only enhance but also safeguard the independence and interdependence of these offices and institutions,” Kindiki said.

He made the remarks yesterday during the launch of the ODPP Strategic Plan 2023–2027 at the Prosecution Training Institute in Loresho, Nairobi.

“President William Ruto has been steadfast in his commitment not to interfere with the functions of independent offices, while encouraging a whole-of-government approach to the criminal justice system,” Kindiki added.

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The Deputy President acknowledged that while institutions such as the ODPP enjoy administrative, financial, and operational autonomy, collaboration with other arms of government is crucial to achieving national goals.

“Beyond autonomy, there must be interdependence, collaboration, and cooperation with other arms of government,” he said.

Kindiki underscored the importance of a cohesive criminal justice system, adding that the government would work closely with the ODPP and other institutions to promote justice, fairness, and accountability.

“In exercising their autonomy, independent institutions have a duty to collaborate with other arms of government to fulfil the mission for which they were established,” he said.

The Deputy President also urged the Judiciary to expedite the resolution of cases, particularly those delaying the implementation of key government projects.

“Instead of a public interest case involving major programmes or substantial public investments dragging on for 20 years, we ask the Judiciary not for favourable judgments but for determinations on merit as soon as possible. This will allow us to reallocate resources if necessary, rather than locking them up in endless injunctions and conservatory orders,” he said.

Commending the ODPP for aligning its strategic plan with Kenya’s constitutional values, Kindiki stressed the importance of transparency, accountability, and respect for human rights in prosecution. He also highlighted concerns about occasional unethical conduct among prosecutors, which undermines public trust.

“A prosecutor’s duty is to act to a higher standard than a litigant in a civil matter, as they represent society as a whole and deal with the serious consequences of criminal conviction,” Kindiki said.

Director of Public Prosecutions Renson Ingonga reaffirmed the ODPP's commitment to prosecuting high-profile cases, including corruption and economic crimes, without external interference.

“During my tenure, the ODPP will vigorously prosecute cases of corruption and economic crimes,” Ingonga said.

He noted successes in prosecuting significant corruption cases, such as that of former IEBC CEO James Oswago over a Sh1.3 billion election material scandal and former Samburu Governor Moses Lenolkulal in a Sh73 million fuel scam.

Ingonga further committed to prioritising cases involving murder, particularly femicide, and gross human rights violations by law enforcement or other entities.

“The ODPP remains dedicated to delivering a fair, transparent, and effective prosecution service,” he said.

Ingonga outlined the objectives of the ODPP Strategic Plan 2023–2027, which focuses on seven key areas: prosecution performance and quality assurance, funding and resources, terms and conditions of service, human resource development, inter-agency collaboration, organisational effectiveness, and policy implementation.

He called for continuous capacity building for prosecutors and strengthened collaboration with stakeholders to align the prosecution service with Kenya’s broader development agenda.

Despite these ambitions, Ingonga highlighted a significant funding shortfall. While the ODPP requires Sh26.831 billion, it has been allocated only Sh19.591 billion, leaving a gap of Sh7.24 billion.

“We urge development partners to help bridge this resource gap to enable us to fulfil our constitutional mandate,” he said.

The launch of the ODPP Strategic Plan 2023–2027 is a crucial step towards reforming Kenya’s criminal justice system. Ingonga expressed confidence that its implementation would enhance professionalism, accountability, and human rights protection.

“We will monitor progress through monthly, quarterly, and annual reports, alongside mid-term evaluations and end-term assessments,” he stated.

The event was attended by prominent figures, including George Murugara, Chair of the National Assembly Legal Affairs Committee, and Hilary Sigei, Chair of the Senate Legal Affairs Committee.

The 138-page strategic plan aligns with Kenya’s Vision 2030 and the Bottom-Up Economic Transformation Agenda, reinforcing the ODPP’s role in achieving the nation’s long-term development goals.

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