Director of Public Prosecutions of Kenya
The Office of the Director of Public Prosecutions (ODPP) is established as an independent constitutional office under Article 157 of the Constitution. The office is created to ensure a revamped, professional, and accountable prosecution service. It operates under the guidance of the Director of Public Prosecutions assisted by the Secretary Public Prosecutions.
Mandate The mandate of ODPP as derived from Article 157 of the Constitution is to institute and to undertake prosecution of criminal matters and all other related incidents. These include: • Directing the Inspector General of the National Police Service to investigate any information or allegation of criminal conduct; • Instituting and undertaking criminal proceedings against any person before any court of law except the court martial; • Taking over and continuing with any criminal proceedings commenced in any court by any person or authority with the permission of the person or authority and • Discontinuing at any stage before judgment is delivered of any criminal proceedings with the permission of the court.
The ODPP Mandate is executed through four departments namely: Offences Against the Person; Economic, International & Emerging Crimes; County Affairs & Regulatory Prosecutions and Central Facilitation Services. Each of these departments is headed by a Deputy Director apart from Central Facilitation Services that is headed by the Secretary Public Prosecution.
An independent prosecution Authority providing efficient, effective, fair and just prosecution service for the people of Kenya.
To serve the public by providing quality, impartial and timely prosecution services anchored on the values and principles enshrined in the Constitution
The ODPP and its staff are committed to providing a high quality prosecution service. In our dealings, the Office of the Director of Public Prosecutions commits to be guided by the following values:
Respect and promotion of Human Rights and the rule of law
In discharging its functions, the ODPP shall at all times observe, respect and promote human rights and the rule of law in line with the Constitution and International human Rights conventions and instruments.
Integrity & Ethics
The ODPP shall uphold high levels of honesty, confidentiality, integrity, transparency and accountability in its dealings.
Excellence, efficiency and effectiveness shall be the guiding pillars in the delivery of prosecution services. We shall strive to ensure timeliness, continual improvement, individual initiative and innovation, and provide an ethical and supportive workplace.
Fairness and Impartiality
The Office of the Director of Public Prosecutions in the exercise of its functions is not subject to any control or direction of any person or authority. The DPP carries out his duties in an independent, impartial and competent manner engendering public confidence in the implementation of the rule of law.
Courtesy & Respect
The staff of the ODPP strives to be sensitive, courteous and respectful in all dealings. The staff is committed to treating witnesses and victims with utmost consideration and have regard to any view expressed by victims of crime when making decisions in specific cases whether or not to prosecute.
The ODPP shall promote unity and respect for diversity amongst its staff and stakeholders to achieve its mandate.
The core functions of the office of the Director of Public Prosecutions (ODPP) include prosecution of those charged by the police and other investigative agencies with criminal offences while upholding, protecting and promoting human and constitutional rights. Other functions are:
To institute and undertake criminal proceedings against any person before any court of law other than a court martial in respect of any offences alleged to have been committed by that person; To take over and continue any criminal proceedings instituted or undertaken by another person or authority; To discontinue at any stage before judgment is delivered any criminal proceedings; To direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct; To ensure due regard to the public interest, the interest of the administration of justice and the prevention and avoidance of abuse of legal process; To undertake public prosecution of cases forwarded by all investigation agencies including the Police, Ethics and Anti-corruption Commission, Criminal Investigations Department (CID), Banking Fraud Investigations Units (BFIU), and cases taken over from private prosecutors; To represent the State in all criminal cases, criminal applications and appeals; To advice Government Ministries, Departments and State Corporations on matters pertaining to the application of criminal law; To expound and disseminate the National Prosecution Policy (NPP) and the Code of Conduct for Prosecutors; To monitor the training, appointment, and gazettement of Public Prosecutors in Statutory Corporations; To address parliamentary questions relating to administration of criminal justice; To address complaints raised by members of the public, watchdog bodies and other institutions; and To Undertake other administrative roles relating to efficient and effective administration of criminal law in the country
OUR COMMITMENTS ON SERVICE DELIVERY We are committed to:
Undertake speedy, efficient and effective prosecutions of all criminal cases in court To advise the police and all government departments professionally and efficiently To respond to your inquiries, and complaints in timely manner To treat your concern with confidentiality and give it the urgency it deserves
Our Services are free. Any government office, member of public or any stakeholder can raise an issue relating to criminal justice by writing to the Attorney General or to the Director of Public Prosecutions.
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The Director of Public Prosecutions (DPP) 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.
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