More Questions Than Answers in Ruto’s Acquittal

13 April 2011

editorial

Nairobi — The blame-game between Police headquarters and the Attorney-General’s chambers over the acquittal of suspended Cabinet minister William Ruto and his co-accused in the Kenya Pipeline Company fraud case reveals the rot in the criminal justice system.

The ruling attracted considerable attention because of the profiles of the accused, particularly Mr Ruto who is also one of the “Ocampo 6” facing accusations of crimes against humanity at the Hague.

After being set free, Mr Ruto was quick to restate that the entire case rested on political persecution, and saw it as a pointer to victory in other cases.

Those reactions underline the political undercurrents that accompanied the acquittal. They also provide the background under which the row between Vigilance House and Sheria House will be interpreted.

Police Commissioner Mathew Iteere insists that his officers carried out their investigations diligently and handed over solid evidence to other agencies he accuses of botching the prosecution.

However, Chief Public Prosecutor Keriako Tobiko points the finger back at the police, accusing them of shoddy investigations that led to acquittal.

The whole episode reveals a dysfunctional criminal justice system known mostly for its failure to secure convictions in any important case.

A question that will be left hanging is whether the acquittal was as above-board as it should have been, given the political overtones the case took. Secondly, if, indeed, a public corporation paid money for public land, who got it? Is it lost forever?

The acquittal and ensuing exchanges illustrate the shortcomings of a system that the government is trying to sell as a local mechanism that can be trusted to try the cases arising out of Kenya’s descent into post-election violence.

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