OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

PROGRESS ON JUSTICE FOR LIZ The Office of the Director of Public Prosecution (ODPP) has held three (3) joint meetings with stakeholders on Sexual and Gender Based Violence (SGBV) cases, to discuss the file of a teenage girl allegedly gang raped in Busia last year. Since the reports first emerged, The Director of Public Prosecutions (DPP) has been supportive towards ensuring justice in this case. He appointed a team of experienced State Prosecutors to evaluate the file and present a comprehensive report. He also invited other stakeholders from the civil society to meet the team from the ODPP with a view of evaluating the file and they recommended that a team of Prosecutors and Investigators be sent to the scene to re-investigate the case and come up with an independent report. This was done; and a qualified team of investigators and prosecutors proceeded to visit the crime scene and re-examine the particulars in the case. Witnesses were re-interviewed and the crime scene was visited. The team gave a comprehensive report thereafter to the DPP. On 15th January, 2014 the Team of State Prosecutors from ODPP held a joint meeting with the Coalition of Violence against Women (COVAW) and Federation of Women Lawyers Kenya (FIDA). During the meeting and after a thorough evaluation of the evidence the members were of the view that the victim is not ready to testify in court until psycho-social treatment is provided. Secondly it was noted that there are material contradictions in the evidence which on the face of it weakens the prosecution case. In addition it was recommended, that another independent expert (Doctor) examines the complainant and provide a report on the cause Fistula condition that the complainant is suffering from. The doctor is expected to file a medical report and clarify whether the Fistula is due to gang rape or spinal injury.

So far, FIDA has established links to a credible medical doctor at Nairobi Womens Hospital who will examine the complainant, they have also provided her with the services of a counsellor. 31st January, 2014