NAIROBI, Kenya, Oct 20 -The Law Society of Kenya (LSK) now says Judiciary is not to blame in the war against graft and instead accuses the police for carrying out shoddy investigations and poorly conducted prosecutions.
In a statement, LSK President Isaac Okero says as a result of this, the country continues to experience delays in determination of cases and low rate of convictions.
“For the best results in the trial of corruption cases each component of the entire process investigation, prosecution and adjudication-must aspire to the highest quality,” he said, in a statement to Newsrooms.
“The Judiciary is concerned and responsible only for the adjudication for the cases before it and Kenyans know only too well that the first two stages of investigation and prosecution are often far from free of fault or contamination.”
He has lamented that, “in the last few days, the Judiciary has become the convenient whipping boy in the fight against corruption. This is unfair and will only undermine public trust and confidence.”
While welcoming the appointment of Chief Justice David Maraga, Okero expressed optimism that with his experience as a Judge of a superior court, he will be able to restore the function, dignity and collegiality of the entire judicial institution.
Okero has assured Maraga of the society’s support.
President Uhuru Kenyatta has put the Judiciary on spot over delays in determining corruption related cases.
During the swearing in on Wednesday of Chief Justice David Magara, President Kenyatta noted that in the last five years Kenyans have witnessed changes in the Judiciary but added that the reforms will be meaningless unless Kenyans get quick and effective judicial services.
“Yes we have seen dramatic judgments, but at the same time we must say we have witnessed major weaknesses that exist in the Judiciary,” said the President.
He observed that at the moment there are 20,000 Kenyans languishing in cells because of delayed judgments in courts, saying that is costing both the taxpayer and the victim’s precious time and resources which could be channelled to other economic activities.
“These Kenyans are told their files are lost or some other excuses when they appear in court. It costs us to feed them and keep them in cells,” added the President.
The President expressed concern that although the executive has increased resources to institutions charged with the responsibility of delivering justice to Kenyans, little can be shown of those resources.
He said currently there are 680 corruption cases in court, some of which have taken over three years without being concluded.
“Today, Judiciary has Sh17 billion, Director of Public Prosecution Sh2.2 billion, Auditor General Sh4.4 billion, Judicial Service Commission Sh450 million, the Ethics and Anti-Corruption Commission (EACC)