Tobiko: Terrorists could be set free

What you need to know:

  • Director of Public Prosecutions Keriako Tobiko said old ways of evidence gathering such as eyewitness accounts could not be relied upon to prosecute crimes such as terrorism and money laundering.

Terrorists could escape justice due to lack of forensic expertise and equipment.

Director of Public Prosecutions Keriako Tobiko said old ways of evidence gathering such as eyewitness accounts could not be relied upon to prosecute crimes such as terrorism and money laundering.

“The government should see it fit to establish a fully-equipped national forensic laboratory to deal with crimes such as terrorism,” he said.

Illegal ways of gathering evidence could lead to terrorism cases being thrown out for rights violation.

Speaking during the 2nd Annual Convention of the Office of the DPP at the Kenya School of Government on Tuesday, Mr Tobiko asked police to ensure such investigations were conducted within the law.

Law Society of Kenya chairman Eric Mutua said even with the best evidence against terrorism and other complex crimes, suspects could be released if it is found that their rights were violated during evidence gathering.

Chief Justice Willy Mutunga urged more funding for agencies charged with delivery of justice.

“As experienced with the Judiciary, the allocation of more resources creates incentives and appetite for corruption,” he said.

Mr Tobiko said out of the Sh11.5 billion his office sought from the National Treasury, only Sh4.8 billion had been released.

This has slowed down work and led to poorly prosecuted cases.

He said negotiations were in progress with the Salaries and Remuneration Commission to harmonise the salaries.

The director of public prosecutions said the harmonisation was necessary to retain talent, as his office works towards transforming the prosecution of cases to ensure they meet high evidential thresholds and save taxpayers millions of shillings.