Garissa University students sensitized on the role of ODPP

November 11, 2024 Garissa University students were sensitized on the role of the Office of the Director of Public Prosecutions (ODPP) during a legal awareness event organized by the university. The Director of Public Prosecutions, in a speech delivered by Bony Okemwa, the Regional Coordinator for the North Eastern Region, praised the university’s commitment not only to academic excellence but also to shaping young minds that will contribute to a just and prosperous society. The DPP highlighted the significance of Article 10 of the Constitution of Kenya, 2010, which embodies the national values and principles of governance that unite all Kenyans and serve as a guiding compass for every public institution, including the ODPP. He emphasized that the ODPP’s mandate, grounded in the Constitution, extends beyond prosecuting cases; it includes safeguarding justice, promoting the rule of law, and ensuring the protection of fundamental rights for every citizen. This mission aligns closely with the goals of educational institutions like Garissa University, which play a crucial role in fostering an informed and engaged citizenry. The DPP expressed appreciation for Garissa University’s partnership with the ODPP, noting that the two-day sensitization program exemplifies the spirit of Article 10 by promoting civic education, enhancing legal awareness, and fostering a culture of respect for the rule of law. Such initiatives, he said, not only contribute to building knowledgeable individuals but also encourage the development of responsible and active citizens. He added that through joint efforts, the aim is to nurture a new generation that not only understands the law but also values and upholds it in all aspects of life. “By instilling in our students and staff a deep appreciation for the principles of Article 10, we move closer to the vision of a just and equitable Kenya.” The DPP also acknowledged the vice chancellor, Prof. Ahmed O. Warfa, PhD, and Garissa University, for initiating this important partnership, encouraging them to be champions of justice and equality while upholding the rule of law.
Nakuru residents sensitized on ODPP mandate

November 11, 2024 The Office of the Director of Public Prosecutions (ODPP) Nakuru office Open Day took place at Red Cross Hall, Nakuru, marking a significant first in ODPP history. The event aimed to deepen public understanding of the ODPP’s role in ensuring justice and fairness, providing an invaluable platform for community members to engage directly with ODPP representatives, ask questions, and gain insights into the ODPP’s mandate and services. The event began with a sensitization walk around Nakuru town’s central business district culminating at the Kenya Red Cross grounds in Shabab. Throughout the event, speakers highlighted the ODPP’s pivotal role in fostering justice, enhancing public engagement, and promoting a community-centered approach to prosecution. Delivering an address on behalf of the Director of Public Prosecutions, the Secretary of Public Prosecutions Mr. Alloys Kemo, OGW, emphasized the ODPP’s commitment to a people-centered approach to justice, resonating with community needs and aspirations. He stressed the importance of demystifying the ODPP’s role in case prosecution and resolution, highlighting that increased public awareness helps address misconceptions and builds trust in legal processes. By working together, he remarked, stakeholders can better address the needs of the public, foster trust, and ensure that justice serves as a unifying force within society. Ag. Deputy Director of Public Prosecutions, Mr. Michael Sang, underscored the transformative impact of alternative dispute resolution (ADR), diversion, and plea bargaining in reducing court backlogs and fostering peaceful conflict resolution. These strategies, he noted, not only expedite justice but enhance offender accountability, benefiting both the judicial system and the public. Senior Assistant Director of Prosecutions, Mr. Vincent Monda, OGW, reinforced the ODPP’s dedication to engaging with the community, noting that the Open Day provided a unique opportunity to listen to public concerns and suggestions. He encouraged attendees to voice their thoughts, stressing that community feedback is a cornerstone of continuous improvement in ODPP’s service delivery. The Nakuru County Commissioner, Mr. Loyford Kibaara acknowledged the importance of collaborative efforts among all stakeholders in enhancing justice delivery, particularly noting the ODPP’s vital role in this process. He emphasized that achieving a fair and effective justice system relies on collective commitment, where each stakeholder’s contribution aligns towards community welfare and lawful resolutions. Mr. Tom Imbali, the Rift Valley Regional Coordinator, received special recognition for his exemplary leadership in advancing initiatives prioritizing community engagement in prosecution. Many speakers expressed gratitude for his unwavering commitment to transparency and active involvement in the Rift Valley Region. In attendance were key officials, from ODPP, representatives from the Judiciary, State Law Office, National Police Service, Children’s Department, Egerton University students, Probation and aftercare services department, religious leaders, community policing representatives, National Government administration officers (NGAO) and members of the public.
Online influencer Passy Ma Trevor in court over Ksh. 80 million scam

November 11, 2024 At the Makadara Law Courts in Nairobi, Pascaline Peter alias Passy Ma Trevor and George Mutual Mutunga alias Imran were charged with obtaining Ksh. 80 million from the public while falsely pretending the said money would earn a monthly return on interest of 23.5%. Prosecuting Counsel Ms. Kaaria Joy Kawira told court the accused persons obtained over 80 million shillings from 79 complainants while pretending the amount would earn a monthly return on interest on the amount invested, a fact they knew to be false. The accused persons obtained the money on diverse dates between 3rd March 2023 and 30th August 2024 at unknown place within the Republic of Kenya. They were also charged with carrying out business as a collective investment scheme without a valid license issued by the Capital Markets Authority or Central Bank of Kenya and conspiracy to defraud contrary to section 317 of the penal code.Court heard that on diverse dates between 3rd March 2023 and 30th August of the following year, the accused persons represented as genuine sole proprietors of Passy Ma Trevor investment scheme carried out a business as a collective investment scheme without a valid license. They pleaded not guilty to the charges before Makadara Court Principal Magistrate Erick Mutunga. Prosecution opposed their release on bond pending the hearing and determination of the case. In an affidavit to oppose bond, investigating officer Justin Mutwiri said the accused persons went into hiding when the complainants demanded for their return on investment and later switched off their mobile phones whereby it took intensive use of intelligence tactics from different agencies to smoke them from their hide outs deep inside Machakos County. The investigating officer further told court the suspects are likely to interfere with major witnesses, don’t have a fixed abode, and are a flight risk. The victims’ lawyer also asked the court not to release the suspects on bond. Court will on 13th November 2024, rule on whether to release accused persons on bond
DPP presides over the launch of NCAJ Annual report

November 6, 2024 The National Council on the Administration of Justice, (NCAJ ) in fostering continued advancements in the justice sector, today launched the Administration of Justice in Kenya annual report 2023-2024, which outlines the shared journey towards a more coordinated, transparent, and people-centered justice system and marks a celebration of the continued commitment to reforming and strengthening Kenya’s justice system. The Judicial Service Act Cap 8A, mandates the NCAJ to spearhead justice sector reforms and streamline the coordination of the administration of justice to meet the evolving justice needs of Kenya’s society. The DPP while officiating the launch of the report noted that NCAJ remains committed to enhanced justice sector coordination, deepening criminal and civil justice reform, strengthening access to justice for the vulnerable, ensuring the efficient administration of justice at the grassroots through Court Users Committees (CUCs), effective monitoring and evaluation of sectoral programs, and heightened stakeholders’ engagement. He noted that citizen-centric efforts have enabled widespread accessibility to justice services, particularly through the Court Users Committees (CUCs), which play a transformative role in the lives of ordinary Kenyans. He commended the CUCs for being the backbone of justice outreach, singling out Maralal, Kabarnet, and Mpeketoni, CUCs for their exemplary performance. He thanked the Council, the NCAJ Standing and Working Committees, and the Secretariat for their dedication and resilience.
DPP joins Criminal Law session during Supreme Court at 12 Conference

November 5, 2024 The Director of Public Prosecutions (DPP), Renson Ingonga, OGW, joined a significant panel discussion focused on the evolution of criminal law jurisprudence during the Supreme Court at 12 Conference. The session, titled “Intervention on Criminal Law Jurisprudence: Landmark Decisions and their Impact on the Development of Criminal Law Jurisprudence,” was chaired by Hon. Lady Justice Njoki Ndungu, Judge of the Supreme Court of Kenya. In his address, the DPP highlighted key Supreme Court decisions that have redefined criminal law in Kenya, underscoring their role in shaping legal interpretation and enforcement. He discussed landmark rulings that have not only advanced judicial consistency but have also safeguarded human rights within the criminal justice system. Hon. Lady Justice Ndungu guided the discussion, exploring how these decisions influence the broader principles of justice, due process, and fairness. The dialogue provided valuable insights into the judiciary’s role in refining Kenya’s criminal law framework.
DPP goes hard on baby Pendo murder suspects

November 5, 2024 12 police officers accused of killing Baby Samantha Pendo in 2017 will plead to the charges on 15th January 2025, the High Court has ruled. This is after two suspects Mohammed Baa, a senior police officer, and Linah Kosgey failed to attend court today. Baa’s whereabouts are unknown despite court extending a warrant of arrest against him while Linah’s lawyer informed court her client was unwell and admitted in hospital. Baa, Linah and 10 other senior officers namely Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo and James Rono are set to be charged with murder following the events of the 2017 Post-Election Violence. During today’s mention of the case, Senior Assistant Director of Public Prosecutions, Mr. Vincent Monda, informed the court that the case is of public interest and all suspects must be present in court before the they take plea. The charges were instituted under the International Crimes Act, 2008 considering the role played by each of the suspects on the basis of the international law principle of superior responsibility. Lady justice Lilian Mutende also extended a warrant of arrest against Baa and directed Linah to file a medical report in Court. Court also directed a senior police officer to attend court on 15th January 2025 and explain why Baa has not been arrested.
DPP joins justice sector actors in marking Supreme Court’s 12 years

November 5, 2024 As the Supreme Court marks its 12th anniversary, the Director of Public Prosecutions, Mr. Renson Ingonga, OGW, joined His Excellency President William Ruto and Judiciary leaders at the Supreme Court Building in Nairobi to commemorate this significant milestone. The gathering provided an opportunity to reflect on the progress made in Kenya’s justice sector since the Supreme Court’s inception, while underscoring a shared commitment to continuous improvement in service delivery. The Office of the Director of Public Prosecutions (ODPP) remains steadfast in its dedication to a people-centered prosecutorial approach, which seeks to foster collaboration with other justice sector stakeholders to ensure fair, transparent, and efficient justice for all citizens. Emphasizing transformation and innovation, the ODPP is actively developing strategies to streamline processes and enhance accessibility, in line with its vision of delivering effective justice and building public trust in the legal system.
ODPP Joins stakeholders in marking Child Service Month

November 5, 2024 In a continued effort to advance a people-centered prosecution service, the Office of the Director of Public Prosecutions (ODPP), through its Children Division, participated in the launch of Children Service Month by the Milimani Children Court Users Committee. This month-long initiative, themed “Enhancing Child Justice through Preliminary Inquiry and Diversion: Promoting Rehabilitation, Reintegration, and Dignity for Children in Conflict with the Law,” will run from 1st to 30th November. The event commenced in Nairobi’s Central Business District, where ODPP representatives and other stakeholders engaged with the public to raise awareness and encourage active participation in ensuring justice for children in conflict with the law. This collaborative effort aims to make justice more accessible and responsive to the unique needs of children. The launch was attended by key justice actors, including representatives from Probation and Aftercare Services, Kamiti Youth Correctional Training Centre, the Department of Children Services, the National Police Service, and several Non-Governmental Organizations (NGOs). In Kisumu, ODPP joined forces with other stakeholders in an event led by Hon. Magistrate Ireri from the Children’s Court. The initiative began at the Kisumu Law Courts and included a public awareness walk through Kisumu Town, aiming to educate the community and promote access to justice for children. This event in Kisumu brought together participants from the Directorate of Children Services, the National Police Service, the Kenya National Human Rights Commission, Kisumu Remand, and various NGOs. This diverse representation highlights a unified commitment to child protection and rehabilitation, underscoring the ODPP’s dedication to a justice system that prioritizes the welfare of children and aligns with international standards.
ODPP participate in the LSK Legal Awareness Week 2024 countrywide

November 1, 2024 LSK Legal Awareness Week 2024 was a success, with ODPP taking part in a just concluded Legal Awareness Week countywide that provided an avenue for members of the public to be informed and guided on legal matters affecting them and as well as where to seek help in case they were aggrieved. At Milimani Law Court parking yard, ODPP offered legal advice to 72 members of the public by walking them through the criminal justice system process from the time a case is reported to the police to when an accused person is jailed, fined, or acquitted. This allowed the public to comprehend the mandates of the Office of the Director of Public Prosecutions as well as those of other agencies. They were advised to visit the Frequently Asked Questions (FAQ) section of the ODPP website: https://odpp.go.ke/faq/. It was noted that most of the time, aggrieved individuals who wish to seek justice are unable to do so because they are unfamiliar with criminal justice system actors and their mandates and sometimes end up seeking assistance from an agency on a matter that is not within their mandates. Members of the public were surprised to learn that ODPP does not investigate but rather makes the decisions to charge or not charge based on the evidence presented by investigative agencies such as the National Police Service, EACC, and IPOA, amongst others. They also offered career guidance to 20 law students from various universities in Kenya. Aspects of the fight against corruption, factors considered during the decision to charge, withdrawal of cases, and aspects of plea bargaining, diversion, and clarification of various legal legislations, such as the Sexual Offences Act, of 2022, were discussed. People who visited the ODPP’s stand across the country described the initiative as very crucial, with many describing the legal advice as an eye opener and a boost to their legal and human rights understanding. During day 3 of the LSK Legal Awareness Week 2024, Mr. Michael Sang, Ag. Deputy Director of Public Prosecutions, County Affairs, and Regulatory Prosecution, gave a brief overview of the ODPP’s mandates and career guidance to University of Nairobi Law students who visited the ODPP stand. Mr. Hassan Abdi, Ag. Deputy Director of Public Prosecutions at the Department of Inspectorate and Quality Assurance also visited the ODPP stand at Milimani Law Courts yard alongside a team from ODPP Nakuru. The ODPP Garissa County team led by the North Eastern Regional Head, Mr. Bonny S. Okemwa, SADPP, engaged in public sensitization together with the RCK Garissa Officers during the LSK Legal Awareness Week 2024, held at the Garissa Law Courts yard. Members of the public were taken through the tools of Diversion, Plea Bargain Agreement, the Decision to Charge, General prosecution guidelines, and Bail and Bond policy guidelines. ODPP Nanyuki also participated in the Legal Awareness Week, where officers educated the public on the office’s mandate and key policies, including plea bargaining and diversion. The office was represented by Counsel Maina Kimaru and Linnette Obado. Moreover, ODPP Baringo, along with other stakeholders, took part in the LSK Legal Awareness Week 2024 at the Baringo County Parking Yard. The event provided an opportunity for the ODPP to educate the public on its mandate and key policies, including plea bargaining, diversion, and the handling of minors in the criminal justice system. The ODPP Baringo team also advocated for mobile courts to deliver legal services to underserved communities. This initiative aimed to enhance understanding of the office’s mandate and legal processes, while also promoting regional peace. as well as to foster peace in the region. On the final day of the LSK Legal Awareness Week 2024, Mr. Robert Otieno, Prosecution Counsel in Lodwar, joined the LSK Turkana Chapter for a visit to Lodwar Main GK Prison to provide legal aid. Mr. Otieno reassured remandees and convicts with appeals of the ODPP’s commitment to expediting the resolution of all pending trials and appeals. He explained the process for escalating concerns through the DPP’s office and the court system, addressing questions on plea bargaining and advising remandees facing murder charges on options available to them. Justice P.J. Otieno, Presiding Judge of the Lodwar High Court, was also present to support the initiative
Foreigners in court for operating clandestine laboratory

October 30, 2024 Three foreigners and a Kenyan were charged at Jomo Kenyatta International Airport (JKIA) law courts with allegedly operating a clandestine laboratory in Kajiado contrary to section 5B (1)(a) of the Narcotic Drugs and Psychotropic Substances (CONTROL) ACT No.4 of 1994. The court heard that Isreal Alvarado Vera, a Mexican, Egwu Ogba Mba, a Nigerian, Ojukwu Awu Alias Pastor, a Nigerian, and Betty Mukami Micheni, a Kenyan, allegedly operated a clandestine laboratory in contravention of the provisions of the aforesaid Act. The accused persons were also charged with the offence of being in possession of precursor chemicals, including Methylamine 40%, Ethanol, Phenylacetone 99%, tartaric acid, Sodium Hydroxide, Acetone, and Toluene, among other related substances, and with the additional offence of being in possession of proceeds of crime being a piece of land in Kajiado county. Egwu Ogba Mba was separately charged with an additional charge of being in Kenya unlawfully and without a relevant permit. Prosecution Counsel Ligami Shitsama told the court that the accused persons allegedly committed the offence on diverse dates between 15th March 2024 and September 12, 2024 in Ololepo village within Oloililai Sub -County in Kajiado. All the accused persons pleaded not guilty to the charges before Senior Principal Magistrate Njeri Thuku. In an affidavit opposing their release on bond, the prosecution led by Allen Mulama stated various reasons supporting their application noting that the accused persons were foreign nationals involved in the illicit trafficking of the chemicals, investigations involved other agencies local and International, and have so far unearthed a well-oiled and organized International criminal syndicate. Prosecutions further told the court that the offence which the accused persons are facing is serious and attracts severe penalties upon conviction a fine of not less than twenty million shillings or twenty years imprisonment or both in which the accused persons might be tempted to abscond court. Mulama also added that the 1st accused person Betty Mukami Micheni is a holder of two valid East African community passports with immigration travel records showing the accused person has travelled to India where some of the recovered chemicals originated. The case will be mentioned on 30th October 2024.