ADVOKS GLOBAL · KENYA
Office of the Director of Public Prosecutions Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
(1)In this Act, unless the context otherwise requires—"Director" means the Director of Public Prosecutions appointed in accordance with Article 157(2) of the Constitution and section 8 of this Act;"Inspector-General" means the Inspector-General of the National Police Service appointed in accordance with Article 245(2) of the Constitution and section 9 of the National Police Service Act (Cap. 84);"Investigative Agency" in relation to public prosecutions means the National Police Service, Ethics and Anti-Corruption Commission, Kenya National Commission on Human Rights, Commission on Administration of Justice, Kenya Revenue Authority, Anti-Counterfeit Agency or any other Government entity mandated with criminal investigation role under any written law;"National Police Service" means the National Police Service established by Article 243 of the Constitution;"offence" means an act, attempt or omission punishable by law;"Office" means the office of the Director of Public Prosecutions established under Article 157(1) of the Constitution;"police officer" has the meaning assigned to it under the National Police Service Act, (Cap. 84);"prosecution" means a prosecution under the jurisdiction of the Director, a proceeding respecting any offence, the prosecution or prospective prosecution which is under the jurisdiction of the Director and related to such a prosecution or proceeding and includes extradition proceedings and any appeal, revision or other proceeding related thereto;"Prosecution assistant" means an officer in the National Police Service gazetted as a Public Prosecutor;"Prosecution Counsel" means the Director of Public Prosecutions, every legally qualified member of the office and any other legally qualified person appointed by the Director under this Act to undertake any prosecution under his or her general or special instructions;"prosecutor" means a person appointed under section 29 and 30 as a prosecutor and shall include Private Prosecutors;"public prosecutor" means the Director and such other persons exercising the delegated powers of the Director under Article 157(9) of the Constitution.(2)Despite subsection (1), until after the first general elections under the Constitution, references in this Act to the expression "Cabinet Secretary" shall be construed to mean "Minister".