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Police fault ODPP for dropping cases, say ADR encourages wrongdoing

Complaints over the frustrations by the Office of the Director of Public Prosecutions in withdrawing cases and opting for an Alternative Dispute Resolution (ADR) mechanism have continued to be criticised, with the police being the latest to react on the same after the Ethics and Anti-Corruption Commission (EACC) expressed similar reservations.

Tana River Police County Commander Sadiq William has expressed his frustration with cases being thwarted by the DPP, adding that it is an encouragement of wrongdoing in society.

While citing the example of drug peddlers, Sadiq has said it is wrong for them to be freed even if the DPP is aiming at reducing backlogs, yet there is evidence provided when suspects are arrested.

“There is a challenge with prosecution. The only available solution now is for us to complain. Prosecutors are diverting cases seeking dispute resolution for cases that do not even require it. For example, a police officer has arrested a suspect with Marijuana, and when they present the evidence plus the suspect to the prosecution, they divert it, saying they are seeking a dispute resolution mechanism. Is there really a resolution for Marijuana abuse?” he stated.

“The diversion is destroying people and encouraging them to break the law. We must be serious as a country. What can you discuss with a drug peddler? Even if it is a way of reducing case backlogs in court, that is really wrong,” he added.

His remarks, EACC recently shared its frustrations about cases being slowed down by the DPP, even when there is evidence.

EACC Chief Executive Officer Abdi Mohamud acknowledged the frustration of Kenyans, especially the youth, about corruption in the country.

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Mohamud has assured the country that the Commission will upscale both its preventive and enforcement mandates geared towards effectively combating corruption.

“There is a continued feeling by Kenyans, especially the youthful population that the level of corruption in the country is on the increase. I assure everyone that EACC will upscale both its preventive and enforcement mandates geared towards effectively combating corruption in the country,” the CEO stated.

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