The Office of the Director of Public Prosecutions has been accused of enabling impunity by failing to rein in incompetent investigations by key agencies, including the Directorate of Criminal Investigations, Independent Policing Oversight Authority and the Ethics and Anti-Corruption Commission.

Despite having the constitutional mandate to supervise investigations and direct prosecutions, the ODPP has allowed weak cases to proceed to trial, leading to collapse in court and erosion of public trust.

The statement points to public frustration with the ODPP’s inconsistent performance, saying Kenyans feel betrayed when the office misuses its powers or selectively prosecutes.

“ODPP shares the blame over these institutions’ bogus delivery,” the statement reads.

With the ODPP having ordered IPOA to investigate the killing of Albert Ojwang, the statement urges the Director of Public Prosecutions to supervise the process to avoid delays, diversions or excuses.

It criticises the post-2010 performance of the ODPP, citing frequent losses in high-profile trials due to carelessness, internal sabotage, and collusion within the criminal justice system.

The office is also faulted for routinely discontinuing cases to favour the powerful, while rushing to prosecute the poor on flimsy grounds.

The DPP is urged to actively prosecute landmark cases like those of Ojwang and Baby Pendo to restore public confidence and stay in touch with the realities of the courtroom.

“This DPP ought to, personally, prosecute the Ojwang and Baby Pendo trials to conclusion to prove his mettle and demonstrate solidarity with the people against police brutality.”

The statement argues that when the DPP takes part in trials, it helps him identify gaps, sharpen legal skills, and stay informed about internal challenges. It blames entrenched cronyism at the ODPP, which has outlived past office holders, and calls on the current DPP to confront it head-on.

Citing the collapse of a Sh2.5 billion heroin case after an 11-year trial, the statement notes that investigators lacked understanding of key legal frameworks, and that ODPP presented a false charge sheet, destroyed evidence, and disregarded court orders under political pressure.

It recommends a complete review of prosecutor suitability, fresh hiring, retraining, and tighter supervision. The DPP is also urged to improve collaboration with investigative agencies and push for better training, equipment, and operational tools.

The ODPP is advised to resist executive pressure and ensure all prosecution decisions are based on evidence and public interest. If high-profile cases are dropped, the office should publicly explain why and report progress on efforts to revive them.

The statement challenges the ODPP to spearhead the repeal of unconstitutional penal laws and stop charging suspects under them.

It also urges the DPP to treat advocates, the public, and the media as equal partners, and to support the creation of Cold Case Units within the DCI, EACC and IPOA to revisit unresolved cases like the murders of Robert Ouko and JM Kariuki.

Finally, it calls on the DPP to urgently prosecute suspects identified by the US in 2022 for laundering billions through Kenyan property before they manipulate and capture the justice system.