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PRESENTATION The Cabinet

By

To

Noordin M. Haji, OGW, CBS Director of Public Prosecutions

Introduction

. The ODPP is established under Article 157 of the Constitution of Kenya, 2010 and is headed by the Director of Public Prosecutions (DPP).

. The DPP, in discharging the mandate of the ODPP, operates independently as stipulated under Article 157(10) of the Constitution.

. Article 157 (4) of the Constitution, gives the DPP powers to Direct the Inspector General of the National Police Service to investigate any information or allegation of criminal conduct and the Inspector General shall comply with any such direction.

. Further, the report highlights ODPP’s efforts towards its transformation into a 21st Century Prosecution Service, by encompassing technology, Progressive prosecutions, critical thinking and communication in its service deliver

. Further, while exercising the powers conferred upon the office, the DPP should have regard to the public interest, the interest of the administration of justice and the need to prevent and avoid abuse of the legal process as enshrined under Article 157 (11)

Mandate of the ODPP

The mandate of the ODPP, as provided under Article 157 0f the Constitution of Kenya, 2010 is to exercise State Powers of prosecution. In exercising the State Powers of Prosecution, the DPP can:

Institute and undertake criminal proceedings against any person before any court of law other than the court martial in respect to any been committed by that person;

Take over and continue with any criminal proceedings commenced in any court by any person or authority with the permission of the person or authority; and

Discontinue, at any stage before judgment is delivered, any criminal proceedings with the permission of the court.

a

c

b

Functions of the ODPP

To

THE ACCOUNTABILITY AND REPORTING FUNCTION OF THE OFFICE

Pursuant to Article 254(1)of the Constitution, 2010 and Section 7 of ODPP Act, 2013, the DPP is required to submit a report to the President and Parliament on the performance and overall fulfillment of the object and purpose of the Office. In addition, the President, the National Assembly or the Senate may require the DPP to submit a report on a particular issue. In this regard, the DPP, has consistently submitted the reports as envisaged by law.

outlines the functions of the ODPP to include: 2 3

by investigative agencies.

review the decision to prosecute or to not prosecute any criminal

handle matters relating to Mutual Legal Assistance (MLA) and Extradition. 4 To advise the State on all matters relating to the administration of criminal justice 5 6 person exercising prosecutorial Authority. 7 8 criminal justice and the To appoint, train and gazette public prosecutors To promote appropriate standards of practice by Public Prosecutors, assistant prosecution mechanism to maintain the Rule of Law and

To direct investigations be conducted

To

victims of crime and witnesses during prosecution; to contribute, develop and implement policy, 9

cooperate with the National Police Service, Investigative agencies, the courts, the legal profession and other Government agencies or institutions so as to ensure the fairness and effectiveness of public prosecutors 1

facilitate

To

The Department of Conventional & Related Crimes

Advisory Board

1 PS - Public Serv ce;

2 DPP - Chair of the Board

3. Attorney-Genera

4 PS - Treasury

5 Chief Registrar of the Jud ciary

6. Chairperson - LSK

7 Director, Witness Protection Agency

8 Chairperson, KNCHR

9 Inspector General - NPS

10 SPP - Secretary to the Board

The Director of Public Prosecution’s Office

9 Regions headed by Regional heads

The Department of Economic, Organized & International

The Department of County Affairs & Prosecution

47 County Stations headed by County heads

The Secretary Public Prosecution’s Office

139 Court stations

The Prosecution Training Institute

The Department of Corporate Services

Department of Inspectorate, Quality

T H E O R GA NI Z A TI O N S TR U C T U

E

R

Headquarter

ODPP STAFF ESTABLISHMENT

Currently, the ODPP has a staff establishment of 1315 officers made up of 614 male and 701 female making 46.7% and 53.3% .The ODPP takes up 100 pupils, 100 interns and attachés each Financial Year.

Financial Status

The Overall Resource Allocation

The overall budgetary allocation to the ODPP for the FY 2022/23 amounts to KShs 3.327 billion consisting of KShs 3.282 billion for Recurrent Expenditure and KShs 0.45 billion for Development Expenditure. This allocation is against the ODPP’s resource requirement of KShs 5.037 billion. Consequently, the ODPP has an overall resource deficit of KShs 1.710 billion. A detailed analysis of the budget is presented below

budgeted 3.327B

Total

Recurent

Development

Resource

Development

Expenditure 3.282B

Expenditure 0.45B

expenditure 1.710B

expenditure 5.037B

Strategic Focus

The ODPP is guided by its Excellence Charter 2020-2023, which contains the ODPP’s 6 strategic commitments designed to oversee the implementation of its mandate to better serve the Mwananchi

The ODPP Strategic Commitments include:

Independence & Integrity;

The ODPP maintains the highest levels of integrity and independence and adherence to the national values and principles enshrined in the Constitution of Kenya. In line to develop policies, guidelines, and mechanisms that seek independence and integrity.

Lifelong Learning;

The ODPP continues to enhance the knowledge and training and mentorship. This responsive to the needs of the public and the ever-changing nature of crime. Towards this end, the ODPP continues to enhance the capacity of the Prosecution Training Institute to facilitate Lifelong Learning.

Reshaping Prosecutions;

The ODPP recognizes that duties must be carried out without fear or favor and that all decisions must be guided by professionalism and integrity. its processes and practices to equip itself as a 21st Century prosecution service.

Organizational

Leadership;

Inter-agency Networks; Excellence Charter, recognizes the importance of stakeholder engagement in the delivery of services and continues to create and enhance networks that are system.

to strengthening and maintaining its organizational responsive organizational structure, robust processes and procedures, focus on the delivery of quality prosecution management and regular monitoring and evaluation.

Leadership is one of the key reform areas at the ODPP. The qualities such as tenacity, vision, and the ability to inspire and willingness to support others.

This will encourage innovation and enhance work performance, skills and talent development.

.

The ODPP strategic commitments are orchestrated towards promoting Accountability,

THE DECISION TO CHARGE

SOPS MANUAL & RAPID REFERENCE GUIDE ON PROSECUTION OF FGM CASES

DEFERRED PROSECUTION AGREEMENT

A PROSECUTOR’S GUIDE TO CHILDREN IN THE CRIMINAL JUSTICE SYSTEM

RRG ON PROSECUTION OF SGB CASES IN KENYA

DIPLOMA IN PROSECUTIONS

PRACTICE DIRECTIONS ON THE DELEGAT OF PROSECUTORIAL POWERS

DIVERSION GUIDELINES

ODPP COMPENDIUM ON ELECTORAL JUSTICE

PLEA BARGAINING GUIDELINES

RAPID REFERENCE GUIDE ON THE SECUTION OF SEXUAL AND GENDER BASED CASE KENYA GENDER BASED CASES KENYA OFFICE RECTOR UBLIC ROSECUTIONS RAPID REFERENCE GUIDE ON THE PR SECUTION OF OFFICE RECTOR OF UBLIC ROSECUTIONS RAPID REFERENCE GUIDE ON THE SECUTION OF JUSTICE ODPP COMPENDIUM ON ELECTORAL ODPP COMPENDIUM ON ELECTORAL JUSTICE JUSTICE mple (Incl ding mple

ODPP POLICY DEVELOPMENT

ENHANCE ACCESS TO JUSTICE.

PRIORITY AREAS

CONSTRUCTION OF THE PROSECUTION TRAINING INSTITUTE (PTI).

INSPECTORATE & QUALITY ASSURANCE

GREENING AND DEVELOPMENT OF ENVIROMENTAL POLICIES.

COMMUNITY AND PUBLIC ENGAGEMENTS

DIGITIZATION OF ODPP PROCESSES.

PRIOTIZATION OF THE FIGHT AGAINST TRANSNATIONAL ORGANIZED CRIME

THE ROLE OF THE ODPP IN NATIONAL DEVELOPMENT

The ODPP plays its role the realization of Kenya’s Development Agenda through the exercise of its prosecutorial mandate and by way of implementation of its policies.

• The ODPP has aligned its mandate, operations and strategies with the Vision 2030, Sustainable Development Goals, Medium Term Plans, Government Development Blue Print and other Government of Kenya Policies.

• The ODPP contributes to the objective of efficient and effective delivery of justice in the country by enhancing investigative and prosecutorial jurisdiction of cases.

• The ODPP is under the political pillar charged with the duty of aligning the national policy and a legal framework that addresses a market-based economy, human rights and gender equity in addition to promotion of the rule of law.

• Under the economic pillar, the ODPPs role is to ensure an effective and efficient prosecution that will in turn contribute to safe, secure and conducive environment for investment and economic growth.

• The ODPP plays a key role across all of the 3 pillarspolitical, economic and social – on which the Vision 2030 is premised, whose mid-term plans (MTPs) the ODPP has been actively involved in the

• Finally, on the social pillar, the ODPP contributes in the quest for a just and cohesive society by serving the interests of justice by conducting timely and independent prosecutions and facilitates equitable application of the law that eases access to the criminal justice system.

•

PROSECUTION PERFOMANCE

Over the last two reporting periods, a total of 377,137 criminal cases were filed in courts across the Republic. There was an increase of 3.77% in criminal cases filed in 2021/2022 compared to the 2020/2021.

Performance at a glance

Prosecution Perfomance .......Continued

CORRUPTION CASES HANDLED

Outcome of concluded anti-corruption and economic cases.

Description 2017 2018 2019 2020 2021 2022 (Half year) Conviction 35 43 45 25 33 13 Acquittal 58 48 50 11 24 21 Withdrawal 67 24 8 4 10 2 Conviction rate 37.63% 47.25% 47.37% 69.44% 57.89% 38.24%

ODPP INTERAGENCY CORDINATION AND COLLABORATION

ODPP Cooperation Strategies

• Cooperation in accordance with the ODPP Act.

• Participation in the National Council on Administration of Justice (NCAJ).

• Participation in the Court Users Committees (CUCs).

• Involvement in Governance Justice Law and Order Sector Forums (GJLOS).

• Implementation of Multi-Agency Task Teams (MAT).

• Membership to the Kenya Leadership and Integrity Forum.

• Community Dialogues.

All Ministries interact with the ODPP either as:

• Complainants.

• Accused.

• Victims.

• Witnesses.

• Experts.

ODPP Interacts with;

• The Public.

• Facilitative Ministries that include; State Law office, Treasury, Ministry of Interior, Ministry of Information, Public Service, Foreign Affairs among others.

• Stakeholders including; The Judiciary, Investigative agencies, Correctional services and The Children Department among others.

Delegation of Prosecutorial Powers

Persuant to Article 157 of the Constitution, the ODPP may deligate prosecutorial powers to the following institutions;

. Kenaya Revenue Authority (KRA).

. National Enviromental Management Authority (NEMA).

. National Social Security Fund (NSSF).

. County Governments.

. Kenya Wildlife Service (KWS).

. Pharmacy and Poisons Board.

. Anti-Counterfaait Agency (ACA).

. National Transport and Safety Authority (NTSA).

ODPP INTERAGENCY CORDINATION AND COLLABORATION .................... Continues

POLICY PLANNING AND DEVELOPMENT

PROVIDING ADVISE ON CONSTITUTIONAL POLICY AND PROCEDURAL

STEERING THE GOVERNMENT’S DEVELOPMENT AGENDA.

THE ODPP INTERACTS WITH MINISTRIES THROUGH;

COORDINATION OF THE GOVERMENT’S LEGISLATION PROGRAMME.

GUIDANCE ON DECISION MAKING ISSUES ESPECIALLY ON CRIMINAL MATTERS.

1 2 3 4

Under section 71(1) of the Public Service Commission Act, 2017, a public officer charged with a serious criminal offence may be suspended by an authorized officer from the exercise of the functions of the public officepending consideration of the public officer's case under this Act. Similarly, under section 62 of ACECA, State and Public Officers charged with corruption or economic crimes shall be suspended.

All CSs are State officers, and therefore public officers and therefore subject to the provisions of the PSA and the ACECA.

Such charges also lead to disruption of business in the Ministries where persons of interest are subject of investigations and or prosecution which disruptions may be occasioned by e.g. the collection of documents, equipment or the arrest of senior management staff.

Such investigations and or prosecutions may also lead to the shutting down of businesses leading to disruption of businesses and loss of jobs. Finally, the charges and prosecutions have a negative effect on the public confidence.

EFFECTS OF INVESTIGATIONS & PROSECUTION

STATISTICAL PROJECTION OF PROSECUTION OF SELECT CATEGORY OF CRIMES

Land and environmental cases filed in court forecasted

Land and environmental cases filed in court have consistently increased over the last five years and are projected to further increase markedly over the next four years to over 2000 cases filed in a single year in 2026. This will be a 900% increase in comparison to cases filed in 2018 and 109% increase in comparison to cases filed in 2022.

Values Forecast

0 500 1,000 1,500 2,000 2,500 2018 2019 2020 2021 2022 2023 2024 2025 2026 N u m b e r o f c a s e s

Corruption cases handled forecasted

Anti-corruption cases handled over the last seven years have been on the decline. The decline over the last five years is attributed to the strategic focus on high impact cases which was intended to serve as a deterrence measure. Thedecline is projected to further go down below the 300 cases mark in 2024.

SGBV related cases filed in Court Forecasted

SGBV cases filed in court over the last five years have been generally on an increase. The increasing trend is projected to continue in the next three years climaxing at about 18,000 cases in 2025. Unfortunately, majority (over 65%) of these cases are defilement cases. This is a worrying trend and a matter of great concern to all of us.

Murder Cases Filed in Court Forecasted

The murder cases filed in court over the last five years have been on a wavy but incremental trend. The trend is projected to continuous in the same pattern over the next three years.

Withdrawal of murder cases

There was a dip in number of cases withdrawn in 2020 attributed to the trend since then has been on the increase and is projected to slightly drop in 2023 before again increasing in 2024 and 2025.

A high number of cases withdrawn in 2018 is attributed to an application by former CS Eng. Kamau which challenged cases filed in court when EACC was dimmed not properly constituted. The cases withdrawn slightly increased in 2021 before decreasing marginally in 2022 and the decreasing trend is projected to continue over the next two years where a zero withdrawal will be attained in 2024. This is in line with our strategy of implementing the decision to charge policy which require study preparation of case before being presenting before a court of law.