Trial delays in Kenyan courts are frustrating efforts to deliver justice in terror-related cases, a new report shows.
The report by the Centre for Human Rights and Policy Studies (CHRIPS) says the delayed trials and rulings serve to weaken the trust of citizens in the justice system, posing challenges for investigators, prosecutors and judges or magistrates handling such cases.
It cites the delayed ruling in the Garissa University attack case that took four years to be delivered. The report titled ‘Decisions of Kenyan Courts on Terrorism’ highlights areas which need to be improved to address the terrorism problem in Kenya.
“In light of the large number of persons arrested and prosecuted over acts of terror in the country since the enactment of the Prevention of Terrorism Act in 2012, it was imperative to examine the emerging jurisprudence on terrorism to understand judgements made by the court,” said CHRIPS executive director Mutuma Ruteere.
Other challenges for investigators, prosecutors and the Judiciary involve submitting classified intelligence briefs as evidence in court, preventing misuse of criminal prosecution to violate human rights and determining responses to difficult legal questions such as those pertaining to membership of a terrorist organisation.