Nairobi, Kenya 28th July 2020
Clive Ayuko
Nairobi, Kenya 30th July 2020
The new Guidelines on the decision to charge 2019 launched by Mr Nordin Haji the Director Office of the Director of Public Prosecutions ODPP in an event attended by Chief Justice and President of The Supreme Court of Kenya Justice David K. Maraga, Cabinet Secretary for Interior and Coordination of National Government Dr. Fred Matiang’i, President of the Law Society of Kenya LSK Mr. Nelson Havi and Inspector General of the National Police Service Mr Hillary Mutyambei and Deputy Director in the Office of Director of Criminal Investigations DCI Mr. Joseph Ashimala a few days a ago at newly established Prosecution Training Institute PTI – To be used for training of prosecutors – (Recently ceded by the National Police Service NPS) brought to the fore power that we would never have before imagined could be weilded by the bearer of the Office of the Director of Public Prosecutions ODPP or Persons acting on its behalf.
Article 157(6) of the Constitution of Kenya 2010 vests sole exercise of state powers of prosecution with the Director of Public Prosections who may (a) Institute and undertake criminal proceedings against any person before any court ( Other than a court martial) in respect of an offence alledged to have been committed.
Article 157 of the COK 2010 (4) States:
” The prosecutor may first guide investigations by first directing that investigations be carried out and secondly by providing legal advice and guidance. The ODPP or officers acting under his delegated authority may direct that investigations be carried out upon knowledge of alleged criminal conduct. Such direction shall be in writing to the Inspector General of the National Police Service, The Ethics and Anti Corruption Commision – EACC, The Kenya Wildlife Service KWS, Kenya Revenue Authority or any other investigative agencies. It further adds that the directive will indicate the time limit within which the direction must be complied.
The new guidelines prepared in a period stretching two years and acknowledging the self evident truths in relation to the limited number of judges handling disputes brought before them and the pressure they face in giving timely judgements, the truth that poor decision making by the National Police Service or other investigative agencies, Office of Director of Public Prosecutions ODPP and various other offices involved in the criminal justice process as a whole can have adverse consequences (finanacial or other) on the lives of those accused of commiting various criminal offenses and it is in line with mitigating the effects of the same that the guidelines are developed to guide prosecutors in the performance of roles assigned to them.
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