Using the Judiciary as A Scapegoat in the War Against Graft is Uncalled For, Here’s Why

During Yesterday’s Jamuhuri Day Celebrations, President Kenyatta, while addressing the corruption menace in the country spoke in a manner to suggest that the Judiciary has let down the Country in the war against graft.

According to the President, other Investigative agencies have been doing a great job in unearthing various corruption scandals only for the cases to end up being thrown out by the court.

The President particularly decried the courts’ issuance of “ridiculous” bail terms to corruption suspects and called on them not to protect impunity in the fight against corruption.

But is the Judiciary really to be blamed for the many failed cases?

In Kenya’s Judicial system, judgments on cases are given based on the evidence on the table. Therefore, if investigations are not done properly, if proper documentation is not presented in court, if prosecutors don’t do their job properly, justice will not be served.

The role of a judge or magistrate is simple: Look at the issues, look at the facts then deliver a judgment or ruling. The role of the judiciary is not to investigate.

The role of the judiciary is to look at cases and make a determination based on the evidence. It is the police’s role to investigate.

The prosecution mandate lies with the Director of Public Prosecutions. It is the role of the DPP to prosecute cases. That is in no way the mandate of the courts. It is worth noting that in the whole justice system, each state agency must do their work properly.

On having an issue with the bail terms given to corruption suspects, President Kenyatta must be aware of the fact that bail is within the constitutional right of any suspect brought before court to get bail.

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President Kenyatta’s worries came days after senior officials and ex-officials of Kenya Pipeline Company , the National Cereals and Produce Board and the National Hospital Insurance Fund were freed on bonds and bails after denying various charges.

The President however pointed out that he remains committed to strengthening governance institutions, entrenching the rule of law and stamping out corruption.

“Through the efforts of our investigative agencies and the Office of the Director of Public Prosecutions, individuals who may have thought they were untouchable are now facing the full force of the law,” he said.

“These individuals deserve fair trials but nothing more. I am again calling for the Judiciary to ensure that its procedures are not used to protect impunity.”

Do you think that the President is trying to use the Judiciary as a Scape Goat in the ongoing war against graft?

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