The audits by the Comptroller General in legal processes is what investigations lack aimed to get results, according to statements of the Attorney General, Kenya Porcell.
"In cases where there is a temporary stay of proceedings is when a test is needed and what we lack is the audit by the Office of the Comptroller General. “When the document reaches to the hands of the prosecutor, he will request the reopening of the investigation and then the process may continue", explained for TVN, the head of the Public Ministry.
However, it is precisely the opening of investigations with no kind of a support such as an audit by the Comptroller, the reason why some consulted lawyers have raised serious questions.
Prosecutors claim that the time allowed for investigations is not enough.
"The Public Prosecutor's Office should think about not opening files, if they don't count on audit reports previously that would guarantee the due process. It would seem that they are doing things the other way around," said lawyer Carlos Carrillo.
He added that, technically, a reopening, prior to the fulfillment of the formalities, may be reopened what is improper it carrying on investigations when the file is closed.
Moreover, lawyer Roniel Ortiz considered that the Attorney General should explain why they are investigating in a biased or influenced way to persecute people and give the responsibility of the proof to the Comptroller, when they can get all the proofs that are needed, during four or six months lasting the investigation, aimed at rendering judgement and convincing the judge of the case,.
"The majority of the cases that fail is not due to the lack of an audit report, it is because investigations lack legal foundations," he said.
Another element mentioned by the Attorney General, as to why investigations against former officials accused of corruption have not come out satisfactorily is that the prosecutors claim that the time to investigate is not enough when it comes to cases like these, that are complex, and stressed that the reports by the Comptroller´s Office take very long, usually more than six months in getting to the Public Ministry.
After these words, Ortiz was blunt in pointing out that when a temporary stay of proceedings occurs it is because the investigation lacks two things: evidence of the punishable act or the non-involvement of the person.
He added that investigations have been conducted after the due dates established by Law, which represents a total violation to the rules of procedure and the fundamental guarantees of the people.
"They investigate first and then stop the process and the authorities have done the opposite in all cases. There are processes in which proofs were submitted and the auditor of the Comptroller's Office said that it was wrong. Prosecutors have acted unfairly ", said Ortiz.
Porcell created three new Anti-corruption Prosecutors’ Offices, however, the work of these units still appear to be delayed.
Ortiz also criticized Porcell, after she questioned the decisions of the judges and magistrates.
"She is wrong in her role, her job is to investigate, and the hold the power of judging is an exclusive job of the judges of the Republic." "The Attorney General and her prosecutors, if not in agreement with a decision, must file a resource in another court so they may analyze if the previous judge is right or not and not be speaking publicly about their disagreement ", he said.
To lawyer Sidney Sitton, when a judiciary official orders a stay of proceedings in their written statement it is because they don't have the evidence to make any type of formulation of indictment.
"The investigative function is to determine if there is a crime and if there is a likely involvement of the subject", he stated.