ADVOKS GLOBAL · KENYA
Office of the Director of Public Prosecutions Act
5. Powers and functions of the Director
Edition: 2022-12-31 · In force
5. Powers and functions of the Director
(1)Pursuant to Article 157 of the Constitution the Director shall—(a)have power to direct the Inspector-General to investigate any information or allegation of criminal conduct and the Inspector-General shall comply with any such direction;(b)exercise State powers of prosecution and may—(i)institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed;(ii)take over and continue any criminal proceedings commenced in any court (other than a court martial) that have been instituted or undertaken by another person or authority, with the permission of the person or authority; and(iii)subject to Article 157(7) and (8), discontinue at any stage before judgment is delivered any criminal proceedings instituted by the Director of Public Prosecutions or taken over by the Director of Public Prosecutions;(c)formulate and keep under review public prosecution policy;(d)perform any functions and exercise any powers prescribed by legislation, in addition to the functions and powers conferred by the Constitution and this Act.(2)The Director shall exercise State powers of prosecution and may—(a)notwithstanding the provisions of any other law in force for the time being, perform all that is necessary to be done for the purpose of performing the functions of the Director; and(b)direct that investigations be conducted by an investigative agency named in the direction.(3)Without prejudice to other provisions of this Act or any other law in force, the Director may assign an officer subordinate to him to assist or guide in the investigation of a crime and every investigative Agency shall give effect to that direction.(4)The Director shall—(a)promote appropriate standards of practice by public prosecutors, assistant prosecutors, and any other person exercising prosecutorial authority under this Act;(b)implement an effective prosecution mechanism so as to maintain the rule of law and contribute to fair and equitable criminal justice and the effective protection of citizens against crime;(c)cooperate with the National Police Service, investigative agencies, the courts, the legal profession and other Government agencies or institutions so as to ensure the fairness and effectiveness of public prosecutions;(d)set the qualification for the appointment of prosecutors;(e)review a decision to prosecute, or not to prosecute, any criminal offence;(f)advise the State on all matters relating to the administration of criminal justice; and(g)do all such other things as are necessary or incidental to the performance of its functions under the Constitution, this Act or any other written law.