The Decision to Prosecute in Felony Cases in Kenya

• In Event: Examining Prosecutorial Practices Nationally and Abroad

Abstract

A study commissioned by Kenya’s Independent Policing Oversight Authority revealed that 64% of three common felony charge cases did not meet the evidentiary threshold to justify the charge. One of the initiatives resulting from this study included the development of an accountability form standardizing the decision to prosecute. This presentation will focus on the baseline component of a larger, longitudinal study measuring the influence of this form in enabling a more effective and efficient decision-making process. In 2015-2016, International Justice Mission, with assistance from local law students, collected a sample of 570 felony cases from 8 police jurisdictions in Kenya. This baseline study examined the influence of various factors such as sufficient evidence, public interest, and discretion, on the decision to prosecute on the identified charges. The presenters will discuss the sampling and data collection methods, as well as key study findings, challenges, and implications for future research. The results of this baseline study will advise the form’s scale-up, with the ultimate goal of leading to an increased incentive for quality investigations among police, improved prosecutorial judgment on cases going to trial, increased judicial confidence, less meritless cases entering the justice system pipeline, and increased conviction rates.

Authors

• Andee Cooper Parks, International Justice Mission

• Wamaitha Kimani, International Justice Mission, Kenya

• Juma Aggrey, International Justice Mission, Kenya

• Kristen Harris, International Justice Mission, Kenya

• Claire Wilkinson, International Justice Mission, Kenya

• Ashley Russell, Florida State University

• Kirsten Singleton, International Justice Mission