Police warned against shoddy cases in war on corruption

Court of Appeal president has warned police against presenting shaky cases in court and then blame the Judiciary for not supporting the war on corruption.

Justice William Ouko said the Judiciary would not be used as a scapegoat in the war on graft.

He told investigating agencies to up their game if they are to secure convictions in corruption-related cases.

“Present a case that meets the criminal threshold and expect a conviction. Anything else is a dumping exercise aimed at passing the blame to the courts,” he told magistrates and Kadhis meeting in Naivasha.

The Directorate of Criminal Investigations and the Ethics and Anti Corruption Commission have in the past accused the Judiciary of issuing court orders that frustrate the war on graft.

Justice Ouko said no conviction could be drawn from a poorly investigated case.

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“It has been demonstrated that nations like Botswana, Hong Kong, New Zealand, Rwanda and Singapore have succeeded in combating corruption because their anti-corruption agencies are competent and therefore effective in the manner they investigate, prosecute and adjudicate corruption-related cases,” he said.

Justice Ouko said the courts would be guided by evidence in determining cases.

“No one should expect a conviction if there is no incriminating evidence because, as judicial officers, we are guided by two tests in a criminal trial.

“The evidence that is required to validate a criminal conviction in an adversarial legal system like ours must be one whose standard is beyond a reasonable doubt,” he said, adding that prosecutors are required to prove cases beyond any reasonable doubt.