Deputy President Kithure Kindiki has reassured Kenyans that the Executive arm of government, led by President William Ruto, will not interfere with the independence of the Office of the Director of Public Prosecutions (ODPP) or any other independent institutions. Speaking during the launch of the ODPP’s Strategic Plan for 2024 – 2027, Kindiki emphasized that while the Executive has a role in providing resources to support these institutions, it will respect their autonomy in decision-making processes.
The launch, held at the Prosecution Training Institute (PTI) in Loresho, Nairobi, on Wednesday, marked a significant step in the ODPP’s efforts to streamline its operations and set the stage for a more efficient criminal justice system in Kenya. The Deputy President reiterated the government’s commitment to ensuring that independent institutions are allowed to operate freely, without undue influence from other branches of government.
“The decisions you make on who to prosecute, which prosecution to terminate; nobody should interfere with that,” Kindiki stated firmly. He emphasized that the government’s role is to foster an environment that supports the work of independent bodies, while ensuring that they have the necessary resources to perform their duties effectively.
Kindiki further stated that the Executive, under President Ruto’s leadership, is committed to providing the financial resources necessary to enhance the independence and interdependence of these institutions. The government recognizes that the smooth functioning of independent offices, such as the ODPP, is critical to the justice system, and it aims to facilitate their work rather than hinder it.
“The executive is committed to providing resources, and finances allowing us to ensure that we not only enhance but also safeguard the independence and interdependence of the offices and institutions,” Kindiki explained. He also referred to President Ruto’s consistent emphasis on non-interference with the functions of independent offices, urging a “whole of government” approach to criminal justice. This approach, according to Kindiki, will ensure better coordination and collaboration among various institutions involved in the justice system, ultimately improving service delivery.
In his address, the Deputy President outlined the four key areas in which the ODPP and other independent institutions must retain autonomy. These areas include:
- Decisional Independence – The ODPP must have the freedom to make decisions regarding prosecutions without any interference from other authorities or institutions. This ensures that justice is administered fairly and impartially, without political or external pressures.
- Administrative Independence – The ODPP must be able to run its operations and programs according to its established chain of command, without interference from outside bodies. This autonomy ensures efficient management and effective execution of the office’s responsibilities.
- Financial and Budgetary Independence – Once the ODPP receives its allocated resources, it should have the authority to manage and spend them as it deems necessary for its operations. This ensures that the institution can function without external influence on its financial decisions.
- Operational Autonomy – The ODPP must have the freedom to carry out its functions independently, without any external quotas or pressures affecting its operations.
Kindiki stressed that while these institutions are independent in these four critical areas, the rest of their functions depend on collaboration, cooperation, and interdependence with other arms of government. This approach ensures that independent institutions are able to deliver on their mandates effectively and efficiently.
In closing, the Deputy President’s remarks underscore the government’s commitment to strengthening the rule of law in Kenya by ensuring that independent institutions, such as the ODPP, are not only empowered to make their own decisions but also adequately supported in their operations. With the launch of the ODPP Strategic Plan for 2024 – 2027, the office is setting the groundwork for a more robust and effective criminal justice system in the country, one that operates free from external interference.
