Supreme Court Judge Lenaola says political impunity, weak prosecution derailing justice

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Melita Ole Tenges

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  • Lenaola urged the ODPP to work closely with government departments to strengthen prosecutions, warning that weak prosecution continues to deny justice to victims both locally and globally.
  • Several high-profile cases that landed on the desk of the ODPP have collapsed over insufficient evidence, sparking public outrage.
Supreme Court Judge Lenaola says political impunity, weak prosecution derailing justice

Supreme Court Judge Justice Isaac Lenaola during a past court session. PHOTO | COURTESY

Supreme Court Judge Justice Isaac Lenaola has faulted political bigwigs for derailing justice while accusing State agencies of laxity in building solid cases.

The Judge urged the Office of the Director of Public Prosecutions (ODPP) to work closely with government departments to strengthen prosecutions, warning that weak prosecution continues to deny justice to victims both locally and globally.

Several high-profile cases that landed on the desk of the DPP have collapsed over insufficient evidence, sparking public outrage and branding the State body as the weak link in Kenya’s war on graft among other cases.

β€œThe success of prosecutions relies heavily on State cooperation, which is often inconsistent or influenced by political considerations,” said Lenaola.

Lenaola singled out political influence and immunity enjoyed by powerful figures as major barriers to holding leaders accountable.

β€œThe question of immunity for State officials often impedes accountability,” he stated.

The Supreme Court Judge warned that political leaders implicated in grave crimes including the 2007 post-election violence have often walked away unpunished, citing sovereignty and immunity as shields against justice.

β€œThose who were here during the Kenya post-election violence remember the hullabaloo about sovereignty. Yet nobody is talking about the continued impunity and the defence of immunity by state officials,” noted Lenaola.

During the 15-year reflection on Kenya’s Constitution, former Prime Minister Raila Odinga also piled pressure on the ODPP to sharpen its prosecutorial edge.

β€œThe ODPP has failed to meet Kenyans’ expectations. What was once said about the Attorney General having impunity now defines the ODPP today,” said Odinga.


Justice Lenaola further called for the creation of a dedicated court to try international crimes in Kenya.

Β©Citizen Digital, Kenya

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