In the new Constitution, the Director of Public Prosecutions in Kenya is nominated and appointed by the president with the approval of the National Assembly. The qualifications for appointment are similar to those of a High Court judge. The director has power to direct the Inspector-General of the National Police Service to investigate any allegation of criminal conduct.

The official will hold office for eight years and will not be eligible for reappointment. The Director of Public Prosecutions can institute criminal proceedings against any person before any court (other than courts, take over and continue criminal proceedings in any court (other than a courts martial) instituted by another person or authority, but with their permission.

The director can discontinue at any stage before judgment criminal proceedings instituted by the Director of Public Prosecutions. If the discontinuation is after the close of the prosecution’s case, the defendant shall be acquitted.

The Director of Public Prosecutions may be removed from office for inability arising from mental or physical incapacity, lack of integrity, bankruptcy, incompetence or gross misconduct or misbehaviour.