Kindiki Emphasizes Independence of ODPP

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“It cannot be the case that the director of public prosecutions keeps dropping cases because somehow they are unable to produce witnesses,” Ruto asserted.

Deputy President Kithure Kindiki. Photo/Kithure Kindiki.

Just two weeks after President William Ruto publicly criticized the Office of the Director of Public Prosecutions (ODPP) for its handling of cases, Deputy President Kithure Kindiki has struck a different tone regarding the operational autonomy of the office.

Speaking at the launch of the ODPP Strategic Plan 2023-2027 in Nairobi, Kindiki underscored the importance of protecting the independence of the institution.

“The decisions you make on who to prosecute, which prosecution to terminate, nobody should interfere with that decisional independence,” Kindiki stated.

He elaborated on the four key aspects of institutional autonomy—decisional, administrative, financial, and operational independence—stressing that the ODPP must remain free from external influence to effectively deliver justice.

Kindiki’s remarks appeared to contrast with Ruto’s recent criticism of the ODPP, where the president expressed frustration over what he described as a pattern of dropped cases due to insufficient evidence.

“It cannot be the case that the director of public prosecutions keeps dropping cases because somehow they are unable to produce witnesses,” Ruto asserted.

The president also took aim at suspects accused of corruption, accusing them of exploiting the legal system by obtaining anticipatory bail to evade prosecution.

“Corruption suspects rush to court to obtain anticipatory bail that shields them from due process and enables them to compromise investigations,” Ruto said.

While Kindiki acknowledged the importance of accountability and efficiency in the ODPP’s operations, his emphasis on decisional and administrative independence suggested a more collaborative approach toward addressing the challenges facing the office.

“The ODPP as an independent institution must run administratively under the chain of command that is established,” he said, advocating for collegial engagement between government arms.

The contrasting messages from the country’s top leaders have raised questions about the government’s approach to institutional reforms and the fight against corruption.

Observers note that while Ruto’s tough stance highlights the urgency of addressing inefficiencies, Kindiki’s tone may reassure independent institutions about the government’s commitment to non-interference.

As the ODPP embarks on its new five-year strategic plan, the spotlight will remain on its ability to navigate political expectations while upholding its mandate to administer justice impartially.

Whether the divergent views of the president and his deputy will converge remains to be seen, but their remarks have ignited a critical debate about governance, institutional independence, and the fight against corruption in Kenya.

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