Courts won’t be scapegoats in corruption war, bring tight evidence – Judge
Court of Appeal president has warned police from presenting shaky cases in court and then blame the judiciary for not supporting war against corruption.
Justice William Ouko told investigating agencies that judiciary will not be used as scapegoat in the fight against corruption.
Justice Ouko told investigating agencies to up their game if they are to secure convictions in graft related cases.
‘DUMPING EXERCISE’
“Present a case that meets the criminal threshold and expect a conviction. Anything else is a dumping exercise aimed at passing the blame to the courts,” he told magistrates and Kadhis meeting in Naivasha..
The Directorate of Criminal Investigations and the Ethics and Anti Corruption Commission have in the past fingered judiciary of issuing court orders that frustrate the war on corruption.
Justice Ouko noted that no conviction can be drawn from a poorly investigated case.
“It has been demonstrated that nations like Botswana, Hong Kong, New Zealand, Rwanda and Singapore have succeeded in combating corruption because their anti-corruption agencies are competent and therefore effective in the manner they investigate, prosecute and adjudicate corruption-related cases,” he said.
‘INCRIMINATING EVIDENCE’
He was categorical that courts will be guided by evidence in determining cases.
“No one should expect a conviction if there is no incriminating evidence because, as judicial officers, we are guided by two tests in a criminal trial. The evidence that is required to validate a criminal conviction in an adversarial legal systems like ours must be one whose standard is beyond reasonable doubt,” he stated.
Secondly, the prosecutor bears the burden of proof and are required to prove their version of events to this standard.