Director of Public Prosecutions (DPP) Renson Ingonga has urged for enhanced collaboration between state and non-state actors in the fight against terrorism and terrorism financing, citing persistent challenges that hamper successful prosecution.
Speaking during a lecture titled Effective Prosecution of Terrorism & Terrorism Financing, Organised Crimes & Its Impact on National Security – ODPP Perspective at the National Defence College, Ingonga emphasized the need to restore public trust in the justice system through inter-agency cooperation.
“This can only be realised through collaboration and cooperation of all actors, ensuring the restoration of confidence in our justice system,” he said.
Ingonga proposed structured exchanges between the Prosecution Training Institute and the National Defence College to strengthen the prosecution of terrorism-related crimes. He also called for the use of Mutual Legal Assistance frameworks and the signing of agreements between nations to bolster cross-border cooperation.
The DPP highlighted significant challenges in prosecuting terrorism and terror financing, including the use of untraceable cash transactions by suspects, illegally registered M-Pesa accounts, and informal money transfer systems like Hawala and Dahabshil, particularly from Somalia.
Privacy laws that restrict access to mobile money records without user consent or court orders further complicate investigations. Ingonga cited the 2019 Dusit II terror attack, where funds were transferred to Somalia via a Kenyan bank without detection, underscoring gaps in financial oversight.
With the National Assembly currently reviewing the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill 2025, the DPP expressed optimism that proposed reforms targeting at least 10 existing laws would enhance compliance and address shortcomings identified by international financial watchdogs.
Ingonga also underscored the difficulties in securing reliable evidence. “In many terrorism cases, the main suspect is dead, and eyewitnesses are either deceased or critically injured, leaving mostly circumstantial evidence,” he noted.
He added that intelligence-led investigations often struggle with evidentiary admissibility, while issues like witness availability, balancing human rights with national security, and limited judicial understanding of counter-terrorism cases further hinder prosecution efforts.
The DPP’s remarks underline the urgent need for comprehensive legal, institutional, and cross-border cooperation to tackle the evolving threat of terrorism effectively.
