Tobiko seeks Sh4 billion in move to improve prosecution

The office of public prosecutions requires Sh1 million annually and a further Sh4 billion to change their operations if the recommendations of a task force on staffing are adopted.

The revamp is expected to cost Sh1,053,331,696 in salaries and allowances and the Sh3.2 billion will go into setting up offices in the counties.

The task force report of November 1, proposes changes that include the creation of a division to handle war crimes, genocide and crimes against humanity.

In an interview on Friday, the Director of Public Prosecutions, Mr Keriako Tobiko, said after the changes, the office will be capable of handling the cases similar to those at the International Criminal Court in The Hague.

“As a signatory of the Rome statute it is the responsibility of Kenya to set up a strengthened prosecution office which can handle such crimes,” said Mr Tobiko.

He said such an office will also prosecute the 5,524 cases related to the 2007/8 violence currently under active investigation.

“We have prosecuted 353 cases, 258 of which have been concluded and convictions secured. The judiciary is expanding at a very fast rate and the prosecution need to do the same,” he said.

Prosecutions offices will be set up in the counties with Kisumu, Eldoret, Nakuru, Nyeri and Mombasa requiring 32 officers each.

The proposed staff in the other towns is: Garissa (15), Meru (22), Kericho (16), Malindi (15), Busia (16), Kakamega (22), Bungoma (20), Malindi (15), Kitale (20), Kisii (19), Machakos (29), Embu (17), Bungoma (20) and Meru (22).

The report recommends that the number of prosecutors, magistrates and judges be increased to ensure speedy justice.

Another key change is the creation of a county affairs division to oversee prosecution in all county courts. Each of the 47 divisions will have eight staff and will be headed by a senior assistant prosecutor.

The DPP pointed out the need of fast-tracking the changes.

He wrote to the Internal Security PS, Mr Francis Kimemia, that, “the Treasury is requested to expedite the processing of the request.”

Mr Tobiko also wants special allowances to be paid to the prosecution counsel to “forestall the anticipated exodus of counsel to the Judiciary and other institutions that offer better terms.”

“Pending the review of the terms and conditions of service of prosecution counsel by the Salaries and Remuneration Commission, the Ministry of State for Public Service is requested to approve payment of special allowances,” Mr Tobiko says in the letter.

On the move to phase out police prosecutors, Mr Tobiko said 295 police officers were gazetted as prosecutors after an interview.