Director of Public Prosecutions (ODPP) Renson Ingonga appeared before the Senate Committee on National Cohesion, Equal Opportunity and Regional Integration, chaired by Marsabit Senator Chute Mohamed, to present a report on the rising cases of inflammatory utterances by public figures and political leaders.
Ingonga told the committee that the Office of the Director of Public Prosecutions (ODPP) has been entering into Memoranda of Understanding (MOUs) with various investigative agencies to strengthen collaboration and build trust when handling sensitive cases.
However, Senator Chute challenged the ODPP on public perception regarding political interference, particularly concerning the ruling parties.
"The problem with Kenyans is that when you belong to the ruling party, some cases do not come to you because of the issue of that leader being in the ruling party and that we know," Chute said.
Ingonga, however, firmly insisted that the ODPP strictly adheres to established policies and legal guidelines by the office and the Constitution.
"We look at the evidence that has been availed. When we're making decisions, we have a guideline, a policy that we use to charge 'policy guidelines', that's what we use for cases that come whether it is somebody in government or out of government. You must meet the threshold, because at the end of it, if that matter does not meet that, the person would be acquitted, and in fact, under 210," Ingonga said.
The Kenya National Commission on Human Rights (KNCHR), when it previously appeared before the same committee, blamed the ODPP for frustrating prosecutions before its table.
Ingonga fiercely dismissed the claims, stating that no such cases had formally reached his office.
"There is no blame that has been placed before my office. KNHR is not an investigative agency. How do we close parts? Their work is purely human rights; they have nothing to do with matters of investigation. We don't have any case from KNCHR," he said.
Makueni Senator Daniel Maanzo urged the ODPP to propose legal reforms, especially those relating to election laws, to curb the rising hate speeches by leaders.
Ingonga reaffirmed that prosecutorial powers exclusively rest with the DPP under the Constitution.
"Powers to institute and prosecute have been vested in the DPP by virtue of Article 157 of the Constitution, not by any act of Parliament. No way any investigation agency can come up and say they want prosecutorial powers. You cannot allow the same person to investigate and prosecute; you will be in trouble. That's why there is de-linking of investigations," the DPP said.
The committee chairperson, Mohamed Chute, expressed concern that most of the agencies appearing before his committee cite inadequate funding as a major barrier to combating hate speech and maintaining cohesion.
He affirmed that the committee will engage the Inspector General of Police and the Directorate of Criminal Investigations to streamline operations in the sector to curb tensions.
The ODPP also shared his frustrations due to budget constraints, saying it cripples the work, leaving no power to employ a team to assist in prosecuting cases.
"We have a deficit of Sh2.3 billion in our current budget, and we can't run activities before the closure of this financial year. The way allocation is done, it's not balanced. The ODPP office is allocated Sh4.1 billion. How can you work? We have no single money to employ a single prosecutor. Who will do this work?" he lamented.
Ingonga assured senators that his office will soon submit its proposals for legal amendments to address the rising challenges as the general elections approach.
"I can assure you that we will table a document on the amendments we need to make and come up with a paper to present to this committee in the next 1 week for you to present before the whole house."
