ODPP Kenya – Office of Director of Public Prosecutions


The Office of Director of Public Prosecutions – ODPP Kenya is the office, under Kenya’s 2010 Constitution, responsible for instituting and undertaking criminal proceedings against any person before any court (other than a court martial) in Kenya with respect of any offence alleged to have been committed. The current office holder is Keriako Tobiko. The acronym DPP had previously been used to define the Deputy Public Prosecutor, an office under the Attorney General in Kenya’s previous Constitution when that office had prosecutorial powers.

Authority and function of Office of Director of Public Prosecutions in Kenya – ODPP Kenya

The ODPP is now an independent constitutional office concerned mainly with criminal investigations and prosecutions.

The ODPP is expected to be, and indeed is, independent of any person(s) or authority in the exercise of the powers of that office.

The powers of the office of the DPP may be exercised by delegation to other(s) under specific instructions from the DPP. ‘

Tenure of Director of Public Prosecutions in Kenya – DPP

The DPP serves for a maximum of eight years;

The DPP is hired (and can only be fired) by the Public Service Commission (PSC) and may only be removed from office by the President upon a successful application to the President via the Public Service Commission, as the nominating authority of the holder of the office, and following investigations by a tribunal that confirms the charges against the DPP.

In the absence of the above process happening, the current DPP will serve until 2019. Clearly, the process of the removal of the DPP is designed to prevent the sort of Witch – hunting and accompanying public “kangaroo courts” and lynch mobs that accompanied calls for the removal of the then newly-appointed DPP in 2011.

Evolution of the ODPP in Kenya

The establishment of the Office of the Director of Public Prosecutions (ODPP) is in line with Kenya’s Vision 2030, which the Government formulated (2008) as a long-term development blueprint for the country.

ODPP became an independent constitutional office from the Office of the Attorney General on July l, 2011 under Article 157 (1) of the Constitution. The aim was to professionalize prosecution services in the process of creating confidence among citizens in the administration of justice.

The office focuses on matters of criminal activities and exerts powers of prosecution on alleged culprits (other than court Martials).

The ODPP IN Kenya has four thematic directorates:

  1. Offences against the person.
  2. Economics, international, and emerging crimes.
  3. County affairs and regulatory prosecutions.
  4. Central facilitation services

Each division is headed by a deputy director.

Training, standards, benchmarking for professional Offices

As a new office, ODPP identified the need to learn from various organisations and institutions, more so in strategic and operational plans, terms and conditions of service, competencies, organisation and grading structures and resources, and mobilisation strategies.

To establish lasting systems and structures, the office benchmarked with Botswana, Australia, Hong Kong, Canada, and the UK. Their best practices are being implemented in phases.

County/Decentralisation of prosecution services and delinking of staff

The office of the Director of Public Prosecutions in Kenya has managed to devolve to 29 county offices, previously at 16, in order to broaden prosecution services in the country.

Delinking the ODPP from the State Law Office on July 1, 2011 saw the office commence operations from nothing. At the time, staff served both at the headquarters and the 13 field stations then in existence. A need realisation survey conducted in 2011 established that every level of courts was to be manned by a given number of cadre prosecutors. Therefore, the optimal staffing level was determined as 927 prosecution counsel and 370 for central facilitation services for effective service delivery.

Cases registered and concluded by the office of Director of Public Prosecutions in Kenya

So far, in July 2013, the office has registered and concluded the highest number of cases in Nairobi more than 3,000.

By July 2013, Garissa had the lowest number of cases registered more than 200, with more than 50 concluded.

Multi-agency task force

The major highlight was to conclude pending unresolved cases connected to the 2007/ 2008 post-election violence.

The office established a task force comprising the defunct Ministry of Justice, National Cohesion and Constitutional Affairs, the State Law Office, CID, and the ODPP. It reviewed more than 4,000 files from which more than 1,000 cases were filed in court. Sixty—one cases are pending in court.

Legal relationship between ODPP and Attorney – General’s Office

Each state in the Commonwealth and its territories has its own DPP. The Office of DPP operates independently of the Government.

The ultimate authority for authorising prosecutions lies with the Attorney-General, who is picked by the President to be the principal legal adviser of the Government, including control over public prosecutions.

But since it is desirable to have none-political (public service) post carry out this function, in most circumstances the prosecutorial powers of the AG are normally delegated to the DPP.

The DPP is separate from the Executive and is in charge of prosecutions. He is appointed by the President with the approval of the National Assembly. However, he is not a member of the Cabinet and may not be controlled by anyone.

He cannot be removed from office merely because the Executive or Parliament is displeased with his or her decisions about who to prosecute. The Constitution sets out limited reasons for removing the DPP and a strict procedure. These provisions ensure that decisions to prosecute are free of Executive influence.

The DPP informs policy decision-making in an advisory board where the AG is a member.

The DPP collaborates in matters of administration of justice that is review of laws.

The DPP collaborates for mutual legal assistance in international matters of prosecution, for example in the case in which the International Criminal Court has issued a warrant of arrest for journalist Walter Barasa and also in the case of former Cabinet minister Chris Okemo, who is cited in an international case.

As a side link, the DPP acts on matters that develop from civil petition cases to aspects of criminality.

Also, the office defends the Government against matters of criminal cases.

The Directorate of Public Prosecutions has indicated that plans are underway to recruit 190 more prosecutors to replace police prosecutors with competent lawyers.

The current 320 police prosecutors are eligible to apply for the positions if they are qualified, experienced, and competent. Such police officers, however, will have to resign their positions and cross over to the civilian side of the prosecution.

Independent prosecutorial offices have been established in 28 counties and others are soon to be set up for speedy delivery of services.

Contacts and Website – ODPP Kenya

Director of Public Prosecution

Address:
Office of the Director of Public Prosecutions
NSSF BUILDING,19th FLOOR
BISHOPS ROAD,NAIROBI
PO BOX 30701-00100
GPO,NAIROBI

+254 Kenya
Email: dpp@odpp.go.ke

Phone: 020-2732090

Website: http://www.odpp.go.ke

ODPP KENYA – NYERI OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
P.C’S OFFICE-THIRD FLOOR
P.O BOX 463-00100
NYERI
TEL.061-20306 EXT 3085
FAX.061-2020698

ODPP KENYA – MERU OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
OPPOSITE MACCU HOUSE
MERU-MAUA ROAD
P.O BOX 51
MERU
TEL.064-32543

ODPP KENYA – KISII OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
BEHIND MASOSA PETROL STATION
KILGORIS ROAD
P.O BOX 2470
KISII
TEL.058-30331

ODPP KENYA – MACHAKOS OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
AGS BULDING
BEHIND HIGH COURT-NEXT TO INFORMATION HOUSE
MBOLUMALU ROAD
P.O BOX 1041
MACHAKOS
TEL.044-21041

ODPP KENYA – ELDORET OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
NINTH FLOOR, KVDA PLAZA
NEXT TO NATIONAL BANK
P.O BOX 4024
ELDORET
TEL.053-2030044

ODPP KENYA – BUNGOMA OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
COMMUNICATION BUILDING
GROUND FLOOR
P.O BOX 923
BUNGOMA
TEL.055-30095

ODPP KENYA – EMBU OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
MIISTRY OF LABOUR BUILDING
NEXT TO TELECOMMUNICATION
P.O BOX 1379
EMBU
TEL.068-31227

ODPP KENYA – MALINDI OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
FIRST FLOOR, MALINDI COMLEX
LAMU ROAD
P.O BOX 111
MALINDI
TEL.042-2121259

ODPP KENYA – KITALE OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
DISTRICT INFORMATION OFFICE
FIRST FLOOR-ROOM 6
P.O BOX 663
KITALE
TEL.054-31273

ODPP KENYA – KERICHO OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
AFC BUILDING, FIRST FLOOR
P.O BOX 1512-20200
KERICHO
TEL.052-20056
FAX.052-20056

ODPP KENYA – BUSIA OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
DISTRICT PROBATION BUILDING
SECOND FLOOR-ROOM 17
P.O BOX 476

ODPP KENYA – BUSIA. GARISSA OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
P.C’S OFFICE
P.O BOX 69
GARISSA.

ODPP KENYA – KAKAMEGA OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
P.C’S OFFICE-BLOCK A
SECOND FLOOR-ROOM 17
P.O BOX 1529
KAKAMEGA.
TEL.056-31049
FAX.056-31049

ODPP KENYA – KISUMU OFFICE

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
HAKI HOUSE, UHURU ROAD OPPOSITE CENTRAL POLICE STATION
FIRST FLOOR ROOM 4
P.O BOX 1902
KISUMU
TEL.057-2024620



Exciting Links
  1. 20 Things Women Should Never, Ever, Do
  2. 20 Things Men Should Never, Ever, Do
  3. Memorable Speech by Idi Amin
  4. Application Form to Marry my Daughter.
  5. 45 Things a Girl Wants But Wont Ask For
  6. The 20 Things You Need To Accomplish In Your 20s

About Gachie

Hello, I'm Josphat Gachie, a DIGITAL MEDIA CONSULTANT and the founder of Softkenya.com. Softkenya is Kenya's most comprehensive information website. Hope you will get what you want. WELCOME.