Pundit et al,....

[Georgesoros]

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I can never understand the judicial system in Kenya..
Its supposed to be:
Police investigate a violation of law
Hand it over to prosecutor
Prosecutor determines whether there's evidence, Right?
Also,
Is Tobiko the only prosecutor?
Or there are various jurisdictions.

[RV Pundit]

Yes that is exact description of our criminal system.
I think it's pretty much the standard world wide.
The difference here is that we removed the AG (Attorney in US) from prosecution role due to previous lethargy and abuses of power.
Generally you do not want the police just rushing people to court before prosecutor or gov attorney weighs in.

Our AG is more of gov solicitor general....legal advisor and gov lawyer in mostly civil cases.

In exceptional circumstance I think one is allowed to pursue private criminal proceedings.

Civil cases..everyone is free to initiate those anytime.

[Georgesoros]

I cant understand why Tobiko needs to give an OK for prosecution, aren't such powers available to local prosecutors?
I read that he gave an OK to prosecute a murder case in Nyeri, aren't there local prosecutors?

[Kim Jong-Un's Pajama Pants]

Pundit,

The US attorney general is really the head of the department of justice.  Technically a cabinet secretary.  His office can initiate prosecutions for Federal crimes. 

For most practical purposes though, prosecutions are done by an elected prosecutor at the county level(a subdivision of the state).  The Federal Attorney General having no relevance. 

Still he can initiate federal proceedings, alongside the local ones if he feels enough justification.  I have seen that happen in cases where he feels an unjust outcome is likely due to the demographic and resultant jury, e.g. Trayvon Martin.

[Georgesoros]

My question is, does Tobiko have deputies or is he the only one to review cases for prosecution.
Other cases that came to mind was the recent refusal to prosecute big fishes for lack of evidence. Why not institute a grand jury system or something  instead of having one person decide these cases!! One is  always subjective, but many is hard.

[RV Pundit]

Interesting.

Pundit,

The US attorney general is really the head of the department of justice.  Technically a cabinet secretary.  His office can initiate prosecutions for Federal crimes. 

For most practical purposes though, prosecutions are done by an elected prosecutor at the county level(a subdivision of the state).  The Federal Attorney General having no relevance. 

Still he can initiate federal proceedings, alongside the local ones if he feels enough justification.  I have seen that happen in cases where he feels an unjust outcome is likely due to the demographic and resultant jury, e.g. Trayvon Martin.

[RV Pundit]

DPP is an office staffed with prosecutors all over the country. Tobiko has hired lawyers and inherited some former police prosecutor. Tobiko is not alone. DPP is an institution.

My question is, does Tobiko have deputies or is he the only one to review cases for prosecution.
Other cases that came to mind was the recent refusal to prosecute big fishes for lack of evidence. Why not institute a grand jury system or something  instead of having one person decide these cases!! One is  always subjective, but many is hard.

[Georgesoros]

I can never understand why these prosecutors don't bring charges against corrupt criminals in their jurisdiction. Am sure there are thousands of these at the county level.

DPP is an office staffed with prosecutors all over the country. Tobiko has hired lawyers and inherited some former police prosecutor. Tobiko is not alone. DPP is an institution.

My question is, does Tobiko have deputies or is he the only one to review cases for prosecution.
Other cases that came to mind was the recent refusal to prosecute big fishes for lack of evidence. Why not institute a grand jury system or something  instead of having one person decide these cases!! One is  always subjective, but many is hard.

[RV Pundit]

They do if the police or EACC bring the cases before them at county level.All the cases in court including those of petty nature are being prosecured by Tobiko folks. EACC is the one that need to devolve into counties.

I can never understand why these prosecutors don't bring charges against corrupt criminals in their jurisdiction. Am sure there are thousands of these at the county level.

[Gumzo]

I can never understand why these prosecutors don't bring charges against corrupt criminals in their jurisdiction. Am sure there are thousands of these at the county level.

The reason you don't understand is because you seem to ignore the fact that Kenya is ruled by known criminals
The AG and DPP are the principal gate keepers of corruption and  impunity so all cases have to go through them so
that depending on if the perpetrator of a crime is a hohe hahe Mwanainchi or a pesa mingi mwenyeinchi dongera the
appropriate decisions are made.

 

[Georgesoros]

Kenyans worship criminals indeed. Look at the likes of Sonko...A leader!!

[Kadudu]

Gumzo amedinya point.
The likes of Wako amassed massive wealth as AG. I think Tobiko is the same with his selective prosecutions.

The reason you don't understand is because you seem to ignore the fact that Kenya is ruled by known criminals
The AG and DPP are the principal gate keepers of corruption and  impunity so all cases have to go through them so
that depending on if the perpetrator of a crime is a hohe hahe Mwanainchi or a pesa mingi mwenyeinchi dongera the
appropriate decisions are made.

[Omollo]

If the accusations by Ahmednassir are proven, it would be a huge dent against Tobiko and his office. How did he end up prosecuting a Governor for the actions of a tender committee he is neither a member nor directs? If he can do that, then half of the governors in Kenya should be in prison.

I also don't under stand how he can charge one governor and let off another one for entering the same carbon copy contract with the Red Cross.

[RV Pundit]

Yes I remember while driving hearing that Governor talk and I thought that is wierd. RedCross has entered similar deals. Tobiko need to be shone the light. I suspect this was Duale pressure and corruption. Tobiko need to explain himself or we need to write him down.

If the accusations by Ahmednassir are proven, it would be a huge dent against Tobiko and his office. How did he end up prosecuting a Governor for the actions of a tender committee he is neither a member nor directs? If he can do that, then half of the governors in Kenya should be in prison.

I also don't under stand how he can charge one governor and let off another one for entering the same carbon copy contract with the Red Cross.