Too many in­junc­tions in cor­rup­tion cases

The Star (Kenya) - - Voices -

Acourt in Nairobi yes­ter­day barred Di­rec­tor of Pub­lic Pros­e­cu­tions Ke­ri­ako To­biko from pre­fer­ring charges against former NYS deputy di­rec­tor Adan Harakhe.

While all cit­i­zens must safe­guard the in­de­pen­dence of the Ju­di­ciary, the courts must al­ways con­sider the pub­lic in­ter­est and avoid de­lay­ing cases un­nec­es­sar­ily.

Many cases have lasted close to a decade, be­cause the ac­cused seek con­ser­va­tory or­ders, con­sti­tu­tional in­ter­pre­ta­tions, and other ju­di­cial pro­nounce­ments that serve to de­lay the quick dis­pen­sa­tion of jus­tice.

Yes­ter­day’s rul­ing came only a day af­ter Chief Jus­tice David Maraga in­structed the Anti-Cor­rup­tion and Eco­nomic Crimes Di­vi­sion to cre­ate a track­ing sys­tem to mon­i­tor the sta­tus of cor­rup­tion cases.

This elec­tronic tool, a master cases dataset, will en­able the EACC and the DPP to mon­i­tor the sta­tus of cases by com­puter. Sus­pects stop their case un­til sev­eral oth­ers they file in other courts are con­cluded. But, as John May­nard Keynes said, in the long term we are all dead.

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