Eldoret: The Office of the Director of Public Prosecutions (ODPP) has intensified public sensitization on alternative justice mechanisms, including plea bargaining and diversion, as part of efforts to enhance access to justice, reduce court case backlogs and promote harmony within communities.
According to Kenya News Agency, the Community Dialogue Forum themed ‘Chapa Gumzo na Prosecutor’ was held at the Catholic University of Eastern Africa (CUEA) in Eldoret, Uasin Gishu County. Director of Public Prosecutions (DPP) Renson Ingonga emphasized that justice should focus on restoring peace and strengthening coexistence within communities, not just on punishment.
Ingonga highlighted that while many Kenyans believe justice is only achieved through criminal trials, alternative mechanisms like reconciliation, mediation, and plea bargaining are viable options in suitable cases. He stressed that justice should restore community peace and noted that disputes often involve people who must continue living together, maki
ng reconciliation important.
The DPP explained that some disputes could be resolved through dialogue and compensation instead of lengthy court proceedings. He clarified that when prosecutors or magistrates encourage amicable solutions, these should not be misconstrued as corruption, as they are legally grounded.
Ingonga also noted that not all crimes are suitable for out-of-court settlements, citing serious offences like sexual crimes involving children and terrorism as cases requiring formal justice proceedings. He reaffirmed the ODPP’s constitutional mandate, highlighting articles that guarantee independent prosecution and underscore national values, access to justice, and fair hearings.
The forum also addressed the issue of Gender-Based Violence (GBV), with Ingonga noting the devastating impact of sexual offences and domestic violence on communities. He underscored the importance of legal safeguards for survivors provided by various acts and the Constitution.
Senior Deputy Director of Public Prosecutio
ns Vincent Monda stated that the forum’s main objective was to educate the public on legal frameworks governing plea bargaining and diversion. Monda emphasized that these policies are not meant to release offenders without accountability but to deliver justice efficiently and reduce court backlogs.
The ODPP Rift Valley Regional Coordinator Tommy Imbali highlighted prison congestion as a reason for enhancing plea bargaining and diversion policies. He revealed that Nakuru Prison, designed for 800 inmates, had housed over 1,800 prisoners, prompting stakeholders to explore lawful alternatives for easing congestion.
Imbali explained the ODPP’s collaboration with the Judiciary, Probation Department, Police Service, and prison authorities to implement these mechanisms while ensuring justice. He noted that accused persons must voluntarily accept responsibility for offences to be considered for diversion or negotiated plea agreements.
Caroline Kiarie from the International Justice Mission (IJM) reaffirmed the organ
ization’s partnership with the ODPP and other justice agencies to strengthen access to justice. She highlighted the role of civil society organizations in supporting government institutions through capacity-building and public engagement.
The Eldoret forum brought together various stakeholders, including prosecutors, judicial officers, police, civil society organizations, and members of the public, to discuss ways to enhance trust, transparency, accountability, and efficiency within the criminal justice system.
