ADVOKS GLOBAL · KENYA
Office of the Director of Public Prosecutions Act
8. Appointment of the Director
Edition: 2022-12-31 · In force
8. Appointment of the Director
(1)Whenever a vacancy arises in the Office of the Director, the President shall within fourteen days constitute a selection panel comprising one person from each of the following bodies—(a)the Office of the President;(b)the Office of the Attorney-General;(c)the Ministry responsible for public service;(d)the Kenya National Commission on Human Rights;(e)the Law Society of Kenya;(f)the Central Organizations of Trade Unions; and(g)the Ethics and Anti-corruption Commission.(2)The Public Service Commission shall—(a)convene the first meeting of the selection panel, at which the members of the selection panel shall elect a chairperson from among their number; and(b)provide the selection panel with such facilities and other support as it may require for the discharge of its functions.(3)The selection panel shall, within seven days of convening, by advertisement in at least two daily newspapers of national circulation, invite applications from persons who qualify for nomination and appointment for the position of the Director.(4)The selection panel shall within fourteen days—(a)consider the applications received under subsection (3) to determine compliance with the Constitution;(b)shortlist the applicants;(c)publish the names of the shortlisted applicants and qualified applicants in at least two daily newspapers of national circulation;(d)conduct interviews of the shortlisted applicants;(e)shortlist three successful applicants in the order of merit; and(f)forward the names to the President.(5)The President shall, within fourteen days of receipt of the names of successful applicants forwarded under subsection (4)(f), select one candidate and forward the name of the person so selected to the National Assembly for approval.(6)The National Assembly shall, within twenty-one days of the day it next sits after receipt of the name of the applicant under subsection (5), vet and consider the nominee, and may approve or reject him or her.(7)Where the National Assembly approves of the nominee, the Speaker of the National Assembly shall forward the name of the approved nominee to the President for appointment.(8)The President shall, within seven days of receipt of the approved nominee’s name from the National Assembly, by notice in the Gazette, appoint the Director of Public Prosecutions approved by the National Assembly.(9)Where the National Assembly rejects the nomination, the Speaker shall within three days communicate its decision to the President and request the President to submit a fresh nomination within twenty one days.