Powerful judge makes fresh demand to DCI boss
The judge has made the demand even as the NYS suspects win their freedom in bail award.
Speaking to magistrates and Kadhis during a meeting in Naivasha, Justice Ouko has urged the two investigating agencies to collect enough evidence against corruption lords to avoid blame games.
“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,” Justice Ouko told magistrates and Kadhis.
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He added: “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 system like ours must be one whose standard is beyond reasonable doubt.”
In the recent past, the DCI, EACC and the Judiciary have locked horns over the quality of cases presented for litigation, with the Judiciary taking a larger share of blames for acquitting corruption suspects.
In particular incidences, the Directorate of Criminal Investigations and the Ethics and Anti-Corruption Commission have in the pointed accusing fingers at the judiciary for issuing court orders that frustrate the war on corruption. Justice Ouko noted that no conviction can be drawn from a poorly investigated case.
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