Families of protest victims wait as DPP examines 184 police misconduct cases

Families of protest victims wait as DPP examines 184 police misconduct cases

DPP Renson Ingonga said the files are being examined to determine whether the evidence is sufficient to pursue prosecutions, countering claims that his office was delaying action or withholding cases.

Families of individuals who were killed, injured, or went missing during the Gen Z and 2023 Azimio protests are facing a prolonged wait for justice, as the Director of Public Prosecutions (DPP) confirmed he has received only 184 case files from the Independent Policing Oversight Authority (IPOA).

DPP Renson Ingonga said the files are being examined to determine whether the evidence is sufficient to pursue prosecutions, countering claims that his office was delaying action or withholding cases.

“We only have 184 files awaiting our review and action. We must review them as per the law to see the chances of arriving at a conviction that is beyond a reasonable doubt,” he explained.

“If we don’t do the due diligence and have only cases with credible evidence proceed to trial, and the accused is acquitted, the person can come back and sue for wrongful prosecution and get awarded hefty sums of taxpayers’ money.”

Ingonga did not provide a timeline for when the reviews or prosecutions will conclude, meaning victims’ families must wait indefinitely.

The law allows him to either close a file, return it to IPOA to fill evidence gaps, or forward it for court proceedings.

IPOA chair Issack Hassan said the majority of the files involve officers suspected of committing unlawful acts during the Gen Z and Azimio demonstrations in late 2023 and early 2024.

“These are GenZ protests and Azimio cost of living protests files. I know it is taking long, but we are committed to serving justice to the victims of the widely reported abuses,” he said.

Issack highlighted that IPOA is struggling with structural and resource challenges. The authority has 284 staff members instead of the recommended 440, with only 77 investigators tasked with overseeing a police service of 125,000 armed officers.

“We are literally outmanned and outgunned. We need to address some of these structural inadequacies that IPOA suffers if we are to justly and effectively serve the country,” he said.

He added that although IPOA operates independently, it depends on the Ministry of Interior for budget approval before it is submitted to Parliament, delaying operations. Poor cooperation from the police also affects investigations, particularly in accessing key documents.

“We need the Occurrence Book, whether manual or digital and the arms register for our investigations. Many times, our investigators encounter blocks,” he said.

“Luckily, we currently have a good Inspector General who’s more responsive to IPOA because there is one who called our investigators busybodies.”

The two officials made their remarks during a human rights symposium organised by the Missing Voices Coalition in Mombasa.

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