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Okay. People are grossly misunderstanding how criminal procedure works.
The DCI/Police arrest and investigate. The DPP prosecutes on behalf of the public. The court hears the matters.
You can't blame the DCI because Babu Owino has not been convicted while the case is pending.
You can't blame the DCI because Babu Owino has not been convicted while the case is pending.
Bail is a constitutional right that you voted for in the 2010 constitution. Whenever someone is charged in court (like Babu was) he is allowed to make a bail application. Every Kenyan is. But the court has to make certain considerations.
Being granted bail just allows you to have your case heard when you're not in remand.
The prosecution (DPP) presents its case and a court makes a ruling on whether the accused has a case to answer.
The prosecution (DPP) presents its case and a court makes a ruling on whether the accused has a case to answer.
If the accused has a case to answer, he is put on his defence. He presents his case and then the court either acquits or convicts the accused.
This process may take years due to a myriad of factors. Backlog in the judiciary. Adjournment as a tactic by defence lawyers especially where the accused has a bad case. Inefficiencies in the DPP and court. Corona Virus! Etc!
If you want cases to be heard within 6 months, you have to really strengthen and support the judiciary. As it stands, that is a pipe dream. The executive is really limiting the judiciary's budget.
