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Office of the Director of Public Prosecutions Act

14. Access to service

Edition: 2022-12-31 · In force

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14. Access to service

(1)Pursuant to Article 6(3) of the Constitution, the Office shall ensure reasonable access to its services in all parts of the Republic.
(2)All public prosecutors appointed under this Act shall be under the immediate superintendence and control of the Director or such other officer as the Director may designate for better management and coordination of prosecution services.
(3)The Director may, by a directive under his hand designate an officer subordinate to him to be in charge of prosecution services in one or more counties as the Director may specify.
(4)An officer designated under subsection (3) shall have jurisdiction throughout the counties specified by the Director.
(5)In the performance of a public prosecutor’s duties under this Act, a prosecutor shall—
(a)observe the guiding principles under section 4 of this Act;
(b)carry out the prosecutor’s functions impartially and avoid discrimination on any ground including race, gender, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth;
(c)protect the public interest, act with objectivity, take account of the position of the suspect and the victim, and pay attention to all relevant circumstances, irrespective of whether they are to the advantage or disadvantage of the suspect;
(d)keep matters in the possession of the prosecutor confidential, unless the performance of a duty or the needs of justice require otherwise; and
(e)consider the views and concerns of a victim where necessary.
(6)A public prosecutor shall, in order to ensure the fairness and effectiveness of prosecution, cooperate with the National Police Service, the courts, the legal profession and other government agencies or institutions.
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Source: Kenya Law