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The Constitution itself anchors the role of the Director of Public Prosecutions in Kenya. The Office of the Director of Public Prosecutions (ODPP) is the National Prosecuting Authority in Kenya. The Constitution mandates it to prosecute all criminal cases in the country.

The Director of Public Prosecutions (DPP) is the head of the ODPP and operates independently according to Article 157 of the Constitution.

However, the DPP should be accountable to the Public by presenting an annual report to Parliament and the President on the performance of the ODPP. The DPP may also be required, on a need basis to present a report to Parliament on a matter of national or public interest.

The Office delinked from the Attorney General's Office in 2011 after the promulgation of the Constitution in 2010.

The ODPP has a presence in all the 47 counties in Kenya with its headquarters in the City of Nairobi. A Chief County Prosecutor (CCP) heads each ODPP County Office. He or she is responsible for working with the courts and the investigative agencies. The DPP helps these bodies to provide high-quality prosecution services in their jurisdiction.

Nationally, the ODPP prosecutors deal with a wide range of cases. They range from minor offences in the magistrates’ courts to serious cases such as murder in the High Court. The majority of the workload is in the Magistrates’ Courts.


The role Of the Director of Public Prosecutions (DPP)

The mandate of ODPP as derived from Article 157 of the Constitution is to institute and to undertake the prosecution of criminal matters and all other related incidents.

The role of the Director of Public Prosecutions in Kenya[1] and the ODPP takes place through four departments namely:

A Deputy Director heads each of these departments.

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


Nature of complaints handled at ODPP

The nature of complaints handled by the Office of the Director of Public Prosecutions are as follows:

The first holder of the Office of Director of Public Prosecutions under the 2010 Constitution was Keriako Tobiko who served from 2011 before resigning in 2018 when he was appointed as the cabinet Secretary for the ministry of environment and natural resources.


Other jurisdictions

In The United Kingdom, the equivalent position to the director of public prosecutions is a chief crown prosecutor, this prosecutors work under the Crown Prosecution Service In England and Wales, District Attorney in the United States and Procurator Fiscal In Scotland


In Canada, The equivalent position to a director of public prosecutor is a crown attorney, crown counsel or Crown Prosecutor depending on the province

List of Director of Public Prosecutions

# Name
Took office Left office Appointed by
Deputy Public Prosecutor
1 K. C. Brooks
1967 1970 Jomo Kenyatta
2 J. R. Hobbs
1967 1970 Jomo Kenyatta
3 J. B. Karugu
1973 1980 Jomo Kenyatta
4 S. S. Rao
1980 1982 Daniel Arap Moi
5 Benjamin Kubo
1983 1987 Daniel Arap Moi
6 Bernard Chunga
1988 1993 Daniel Arap Moi
Bernard Chunga
1994 1999 Daniel Arap Moi
7 Pamela Uniter Kidulla
1999 2003 Daniel Arap Moi
8 Philip Murgor
2003 2005 Mwai Kibaki
9 Keriako Tobiko
2005 2011 Mwai Kibaki
Director of Public Prosecutions
Keriako Tobiko
2011 2018 Mwai Kibaki
10 Nurdin` Hajji
2018 Present Uhuru Kenyatta

References

  1. ^ "Role of the Director of Public Prosecutions in Kenya". AfroCave. 2019-02-13. Retrieved 2022-07-24.