• According to the article, the DPP may exercise the powers in person or by subordinate officers acting in accordance with general or special instructions.
• The holder of the office can also direct the Inspector General of police to investigate any allegations of a criminal conduct.
Image: ODPP
The Cambridge Dictionary defines the word 'prosecute' as to officially accuse someone of committing a crime in a law court.
It also defines it as trying to prove that a person accused of committing a crime is guilty of that crime.
Who is charged with the role?
According to the Constitution of Kenya 2010, the Office of the Director of Public is tasked with instituting and undertaking the prosecution of criminal matters.
Article 157 (6) states that "The Director of Public Prosecutions shall exercise State powers of prosecution and may institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed."
Further, "...take over and continue any criminal proceedings commenced in any court (other than a court martial) that have been instituted or undertaken by another person or authority, with the permission of the person or authority.
The DPP is also mandated to discontinue, at any stage before judgment is delivered, any criminal proceedings it instituted or taken over.
In the case that the director of prosecutions decides to discontinue a case, the person who had been taken to court is subject to acquittal.
To acquit is to free a person from a criminal charge by a judgement of not guilty.
However, to discontinue a case, the director has to receive permission from the court.
According to the article, the DPP may exercise the powers in person or by subordinate officers acting in accordance with general or special instructions.
The holder of the office can also direct the Inspector General of police to investigate any allegations of criminal conduct.
In this case, the IG is expected to comply with the directions.
"The Director of Public Prosecutions shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority," Article 157 further states.
How does the DPP handle the role?
According to the office of the DPP, there are various departments which help in prosecuting the matters brought before it.
These include:
a) Department of Economic, Organised and International Crimes which is headed by Director Economic, DPP 2 - This handles prosecutions in respect to economic and international crimes.
It also advises the government, ministries, departments and other agencies on matters relating to offences Economic and International Crimes among other roles.
The department has divisions including Anti-Corruption and Economic Crimes Division, Anti-Money Laundering and Asset Forfeiture Division and Banking and Financial Crimes Division.
Others are the Land, Environment and related Crimes Division, International, Transnational and Organised Crimes Division and Counter Terrorism Division.
b) Department of Conventional and related Crimes, headed by the Senior Deputy Director of Public Prosecutions.
It handles prosecutions in respect of offences against persons such as murder, armed robbery, assault, rape, defilement, criminal defamation and public order offences such as treason.
The department will comprise divisions including Offences Against the Person Division, Sexual and Gender-Based Violence Division, Juvenile Justice Division and Traffic Offences Division.
Further, there is the General Penal Offences Division, Judicial Review, Civil and Human Rights Division, and Hate Speech and Election Justice Division.
c) Department of County Affairs and Prosecution Services. This is headed by a Director of County Affairs and Prosecution Services.
The functions of the department include coordinating and supervising regional county offices and divisions within the department, undertaking counsel performance management and promoting collaboration and partnership with stakeholders.
It has three divisions and nine regional offices. The divisions are the Delegated Prosecution Division, Internal Liaison Division and Regional Offices.
d) The Department of Corporate Service is headed by a Director of Corporate Services.
It deals with the administration and management of the support and facilitative services of the ODPP, ensuring custody, maintenance and security of all ODPP facilities and property and coordination of the development, review and implementation of human resource management policies, systems, plans and procedures.
It comprises of the Administration Division, Human Resource Management Division, Supply Chain Management Division, Procurement Section and Store Section.
Others are Finance Division, Registry and Records Management Division, Accounts Division and Information Communication Technology Division.
e) Department of Inspectorate and Quality Assurance.
This was established on October 1, 2020, to offer oversight and accountability mechanisms and to guard against abuse of the discretion bestowed upon the Prosecution Counsel.
The department comprises three divisions including the Inspectorate and Quality Assurance Division, the Internal Compliance and Ethics Division and the Complaints and Compliments Division.
f) The Prosecution Training Institute will be headed by the Principal Head at the level of Director Training Institute.
Its functions are developing a curriculum for training all staff, offering continuous in-house training for prosecution counsel and undertaking training of other law enforcement agencies among others.
Its divisions include the Training Division, Human Resource Development Division, Research and Law Reform Division Resource Centre and Library Services Division.
In handling its mandates, Article 157 directs that the DPP is to remain accountable to the public.
The director should also have regard for the interests of the administration of justice and the need to prevent and avoid abuse of the legal process.