Following the promulgation of the new Constitution in August 2010, an independent office of Director of Public Prosecutions was established. The office became operational on 1st July, 2011 with the appointment of the Director of Public Prosecutions. The office derives its mandate from Article 157 of the Constitution.
Under the Constitution, the Director of Public Prosecutions is mandated to:
i)    Exercise prosecutorial powers by: -

  • Instituting and undertaking criminal proceedings against any person. These proceedings may be instituted before any court other than a court martial;
  • Taking over and continuing any criminal proceedings instituted or undertaken by another person or authority; and
  • Discontinuing at any stage before judgment is delivered any criminal proceedings.

ii) To direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct;

iii) To ensure due regard to the public interest, the interest of the administration of justice and the prevention and avoidance of abuse of legal process.

The Director of Public Prosecutions’ other functions include:

i) To advise the police on possible prosecutions
ii)     To undertake public prosecution of cases forwarded by all investigation agencies including the: Police, Kenya Anti-corruption Commission, Criminal Investigations Department, Banking Fraud Investigations Units, and cases taken over from private prosecutors.
iii)     To represent the State in all criminal cases, criminal applications and appeals.
iv)     To advise Government Ministries, Departments and State Corporations on matters pertaining to the application of criminal law.
v) To expound and disseminate the National Prosecution Policy and the Code of Conduct for Prosecutors.
vi)     To monitor the training, appointment, and gazettement of Public Prosecutors in Statutory Corporations.
vii) To address parliamentary questions relating to administration of criminal justice.
viii) To address complaints raised by members of the public, watchdog bodies and other institutions.
ix)  To undertake other administrative roles relating to efficient and effective administration of criminal law in the country.