NAIROBI, Kenya, Feb 24— The Director of Public Prosecutions (DPP) Renson Ingonga has attributed delays in prosecuting cases of police misconduct to slow and incomplete investigations by oversight and investigative agencies, particularly the Independent Policing Oversight Authority (IPOA) and the Directorate of Criminal Investigations (DCI).
Speaking on Monday, Ingonga said his office can only act after investigators have gathered sufficient evidence and forwarded complete files for review and prosecution.
He stressed that the Office of the Director of Public Prosecutions (ODPP) operates at the final stage of the criminal justice process and cannot initiate trials without credible and well-documented investigations.
“I’ll implore upon you, the fourth estate, for you to support us on this. Kenyans do not understand the roles of these institutions. You must tell Kenyans that the ODPP or the DPP is at the tail end of anything. So, unless the investigations are done, the DPP can’t do much,” Ingonga said.
He noted that public outrage often targets the DPP whenever incidents involving police brutality or misconduct occur. Yet, responsibility for investigations lies with other agencies, depending on the nature of the incident.
“That’s why you’ll hear at times an incident has happened and someone is saying ‘the DPP’ instead of saying the investigative agents, which are different depending on the kind of activities. Like what you’re saying, lobbing tear gas and whatever that’s [for] IPOA to investigate,” he explained, noting the DPP “comes in” once the investigations are done.
Ingonga emphasized that prosecutions cannot be driven by public pressure alone, warning that weak evidence could undermine cases in court and violate the rights of suspects.
“We must also understand that it is not enough for an incident to happen and we imagine that there be prosecution. What is important is the investigations because the way investigations are carried out and evidence collected is what informs the DPP to go to court,” he said.
The DPP explained that if the evidence does not meet the required legal threshold, his office cannot take the cases to court.
He added that the ODPP does not “refuse” to prosecute cases but must ensure that evidence meets legal thresholds to secure convictions and uphold due process.
“We don’t refuse, but if the evidence gathered is not enough, we don’t just go to court for the sake of it because we must also protect the rights of everyone, even the suspects,” Ingonga noted.
The remarks come amid heightened public scrutiny over police conduct and accountability in Kenya, with civil society groups and victims’ families often accusing state institutions of shielding officers implicated in abuse.
In recent months, police have been under scrutiny over the shooting of civilians and disruption of public events, particularly during anti-government rallies.
