Multi Agencies Strategic Intervention on Prosecution and the Level of Asset Recovery in Kenya
Journal: International Journal of Scientific Engineering and Science (Vol.6, No. 2)Publication Date: 2022-02-15
Authors : Abdulhamid Farooque Low James Odhiambo Oringo Priscilla Ndegwa;
Page : 83-90
Keywords : ;
Abstract
The core function of the office of the Director of Public Prosecutions (ODPP) in corruption cases is to prosecute those charged by the Ethics and Anti-Corruption Commission (EACC) with corruption offences while upholding, protecting and promoting their human and constitutional rights. Speedy and successful prosecution of corruption offences, to a large extent, contributes to the deterrence of the offences as well as increase in the value of assets recovered. It is clear that multi-agencies cooperation at the national level is not only crucial to effective prosecution of corruption offences but also an important precondition for cooperation against the vice. Consequently, ODPP can play a key role within these mechanisms and pave the way to more effective prosecutions based on multi-agencies' strategic intervention. Therefore, this paper's main purpose was to establish the influence of multi agencies' strategic intervention on prosecution of corruption cases and the level of asset recovery in Kenya. Specifically, the paper focused on; influence of advice related to the application of criminal law, effect of instituting and undertaking criminal proceedings, influence of directing and suspending investigations, and effect of monitoring public prosecutors; on the level of asset recovery in Kenya. Further, the paper sought to establish the moderating role of commitment by the executive arm of government on the relationship between prosecution and the level of asset recovery in Kenya. The study adopted a descriptive design where both quantitative and qualitative data was collected. The target population of the study were senior managers of seven agencies in Kenya (EACC, ODPP, DCI, Financial Reporting Centre, office of the Attorney General, ARA, and KRA). The sampling frame was 68 managers of the seven agencies and a census was adopted where the respondents were picked purposively. The study used both primary and secondary data and the research instrument was a questionnaire. The validity of the study was enhanced through expert opinion as well as literature review from past relevant studies. The Cronbach's Alpha reliability coefficient was used to determine the reliability of the instrument. Data was analysed by use of descriptive analysis, inferential analysis, and content analysis. The study's findings are of great value to policy makers that could possibly bring some policy reforms in fighting
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