By STEPHEN MAKABILA
"I have raised the issue of paralysis in the administration of criminal justice with the highest offices. I see as a consequence a serious threat to national safety, security and maintenance of law and order if criminals have to go scot-free because of lack of prosecutors," said Tobiko.
The gross inadequacy of the existing prosecutorial capacity is further aggravated by the present demands on the ODPP to finalise the trial of the outstanding 5,500 cases arising out of the 2007/2008-post election violence.
"Given the gravity and urgency of the problem, I am engaging the Treasury. I am also in constant contact with the head of Public Service and the Police Commissioner because without an urgent resolve, the very noble effort of the Chief Justice to transform the Judiciary may not succeed," noted Tobiko.
Five days ago, Tobiko wrote to the Acting head of the Public Service, Francis Kimemia, over acute shortage of prosecutors.
The letter dated April 16, reads in part, "As you recall, I appeared before the National Security Advisory Committee on October 26, last year, and made a presentation on the dire situation regarding shortage of prosecutors in the country, a matter which not only impedes delivery of justice but also poses a real threat to national peace and security."
Tobikoâs letter was copied to the PS Ministry of Finance, Joseph Kinyua, PS Ministry of Internal Security, Mutea Iringo, PS Ministry of Public Service, Titus Ndambuki, and the Secretary of the Public Service Commission, Bernadette Nzioki.
Kimemia, who had earlier on October 18, last year, written to the DPP appreciating his office, had received a number of petitions from the public across the country about their suffering due to limited number of prosecutors.
"The expansion of the Judiciary by opening courts in different parts of the country promises an easier access of the criminal justice services sooner. This however will only happen if the number of prosecutors will match that of the courts. The shortage of prosecutors has been one of the impediments to the criminal justice delivery," noted Kimemia.