DPP: Why some cases have been withdrawn

Office of the Director of Public Prosecutions has responded to reports of how some cases were withdrawn.

This comes hours after Daily Nation published an article on the withdrawal of some cases by the DPP, questioning whether it was done correctly.

In a statement, ODPP has maintained that the withdrawal of the cases was done according to the law.

“The withdrawal of cases procedure involves the DPP filing a formal application detailing the reasons and attaching relevant documents and evidence before the court decides. This procedure is, therefore, not arbitrary or whimsical, and is aimed at preventing abuse of the criminal justice system and protecting public interest,” he said.

The article was titled "Bungled? Cases against Devani, ex-Mungiki boss latest among 1000 dropped by ODPP.", However, the ODPP has refuted claims of 1000 cases being withdrawn.

The DPP has also said that in the two highlighted cases, ‘judicial officers were satisfied that the DPP had prosecuted cogent and credible reasons before allowing the application for withdrawal’.

Three days ago, a court in Nakuru withdrew a case against former Mungiki leader Maina Njenga and his co-accused persons after the Director of Public Prosecutions (DPP) applied on Monday morning.

In his ruling on Monday afternoon, Principal Magistrate Kipkurui Kibellion pointed out that the prosecution admitted they had no evidence to sustain the case.