[Image]At least 18,750 cases were withdrawn in courts last year, according to the ODPP Annual report of 2020-21.Still in the same year, 8,833 cases were acquittal while 125,709 were conviction.This was an increase compared to the last four years.In the financial year 2019-20, 8,609 cases were withdrawn, 4,904 were acquittals and 63,008 were convictions.In 2018-19 , 10,645 cases were withdrawn in court, 8,221(acquittal) while 84,947 were convictions.11,188 cases were withdraw in 2017-18, 7,698 were acquittal and 71,647 were convictions.In 2016-17 , 12,046 cases were withdrawn , 6,626 were acquittal and 81,502 were convictions.Director of Public Prosecution Noordin Haji recently withdrew high-profile cases involving senior government officials including Deputy President Rigathi Gachagua and CSs Aisha Jumwa and Mithika Linturi.This caused mixed reactions from the public and politicians.All the withdrawals were blamed on shoddy investigations by the Directorate of Criminal Investigations and coercion, allegedly by the previous regime.Lawyer Danstan Omari, however, said the law allows the DPP to request for termination or request to enhance cases depending on the evidence available at the time the decision is done.“Article 157 of the constitution reveals that the DPP can discontinue any matter but he must seek permission to do that as highlighted in the law from the court,” he said.Article 157 (7) states if the discontinuance of any proceedings under clause (6) (c) takes place after the close of the prosecution’s case, the defendant shall be acquitted.Article (8) reveals that DPP may not discontinue a prosecution without the permission of the court. BY THE STAR
posted by Breaking Kenya news at 14:01 on 21 Nov 2022
"Over 18,700 cases were withdrawn last year — ODPP"
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