In Summary

  • The court, he said in a speech read by deputy Chief Justice Kalpana Rawal, would have powers to try both international and organised (or trans-national) crimes. The division would also try organised crimes like terrorism, piracy, and drug trafficking.
  • Participants later retreated behind closed doors in an attempt to resolve the differences that emerged after Mr Tobiko dismissed the Judiciary’s proposal for independent investigation and prosecution units.

The Judiciary and the Director of Public Prosecutions have differed sharply over whether Kenya should set up a court to try international and organised trans-national crimes.

The clash between the two institutions came as the DPP, Mr Keriako Tobiko, dashed hopes of bringing to book the middle and low level perpetrators of the 2007/8 post-election violence when he said there was inadequate evidence to prosecute the suspects.

At a workshop in Naivasha, Chief Justice Willy Mutunga said Kenya was likely to adopt the Bosnian model by creating an International Crimes Division of the High Court.

The court, he said in a speech read by deputy Chief Justice Kalpana Rawal, would have powers to try both international and organised (or trans-national) crimes. The division would also try organised crimes like terrorism, piracy, and drug trafficking.

UNCONSTITUTIONAL

In later discussions, Mr Tobiko opposed a proposal to create a prosecution unit to be headed by an independent prosecutor who will not be answerable to him. He said the proposal was unconstitutional.

“The proposal is at best a misnomer and at worst constitutionally misleading,” he said.

Mr Tobiko said the office of the DPP enjoyed the same autonomy and independence as that enjoyed by the Judiciary.

“There is, therefore, no basis for the proposal to create a parallel prosecution office,” he said.

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