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.