THE prosecution should be blamed for the prolonged court cases, a senior magistrate has said.
Shanzu senior magistrate James Ombura said court cases are delayed
due to lack of cooperation and poor record keeping from the
prosecution. He said they take too long to present their evidence.
Speaking on the sidelines of a security and drug meeting convened by
Kisauni DC Tom Anjere, Ombura said the judiciary is fully committed to
justice delivery.
“The court depends largely on the evidence presented to it from the
prosecution, but when they delay in presenting evidence, then justice
will always be delayed,” he said.
Ombura said poor record keeping by the police lead to the release of hard core criminals who deserve harsh punishment.
He added drugs penalties are always harsh when one is found guilty but criminals are always released for lack of evidence.
“If one is found with bhang for own consumption, the law says a
minimum of 10 years imprisonment should be given and 20 years for the
peddlers,” he said.
He said hard drugs like heroine attract life imprisonment but no one
has ever been sentenced because the prosecution always fail to present
concrete evidence in court.
However, the Kisauni deputy police boss Thomas Sungut defended the
police saying they face a lot of challenges dealing with drug cases.
Sangut said drugs seized need to be tested by the government chemist
for approval and drug barons are always well connected which leads to
evidence being altered.
Anjere said they are committed to ensure the area becomes a
drugs-free region by working with both the police and the community in
arresting the barons and the peddlers.
“It is no longer business as usual. I give the village elders and
chiefs the authority to even report the police officers who are
involved in the drug business,” he said.
He added they will also set aside rewards for officers who do commendable job in fighting the drug business.
http://www.the-star.co.ke/news/article-116661/poor-records-delay-cases-magistrate
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