The ODPP is mandated under Article 157 of the Constitution to:

• To institute and undertake criminal proceedings against any person before any court of law other than a court martial in respect of any offences alleged to have been committed by that person;
• To take over and continue any criminal proceedings instituted or undertaken by another person or authority;
• To discontinue at any stage before judgment is delivered any criminal proceedings;
• To direct investigation and guide the conduct of criminal investigations;
• To handle matters relating to international relations including extradition and Mutual Legal Assistance (MLA);
• To advise government Ministries, Departments, Agencies and County Governments on matters pertaining to the development and application of criminal law;
• To monitor, train, appoint and gazette public prosecutors;
• To facilitate victims of crime and witnesses during prosecution;
• To contribute and influence policy, procedure and law reform; and to address complaints raised by ODPP clients that is within our mandate.

The Director of Public Prosecutions (DPP) is the head of the ODPP. Renson M. Ingonga is the current holder of the office.

ODPP operates independently as stipulated under Article 157 of the Constitution. However, the DPP is required to be accountable to the public by presenting an Annual report to the President and Parliament on the performance of the ODPP. The DPP may also be required, on a need basis to present a report to Parliament on a matter of national or public interest.

The Office has its Headquarters at ODPP House, off Ragati Road, Upper Hill, Nairobi.

The ODPP has presence in all the 47 counties with offices classified into 8 Regions including Coast, North Eastern, Lower Eastern, Western, Nyanza, Nairobi, Rift and Central region.

All crimes should be reported to the nearest police station for statements to be recorded and evidence to be collected before the matter can be prosecuted in court by officers from the ODPP.

You should ensure that:

• You have reported the matter and have been issued with an OB number
• You have recorded a statement
• Witnessed have recorded statements
• The police have collected all the necessary evidence in relation to the crime

The police do investigations on reported crime and forward a duplicate of the police file to the Office of Director of Public Prosecutions. The Director of Public Prosecutions then peruses the police file and gives advice and further directions on the matter.

1. Any person who feels he/she has been aggrieved by the prosecution process in a criminal matter.
2. Any person authorized by law, for instance an advocate, on behalf of the person aggrieved by the prosecution process.
3. Any person who has been charged with a criminal offence and feels that the charges preferred against him/her are false or are not correct.
4. Any person who wants judicial review, appeal or revision of a criminal matter.
5. Any person who feels that a criminal matter is being maliciously interfered with in a criminal court.
6. Any person who has reported a criminal offence to the police and the police has failed to take action.

Any member of the public who feels aggrieved by the manner in which either, the investigation or prosecution of a matter is being carried out can come and lodge a complaint with the ODPP.

You can lodge a complaint through the following ways:

1. Send a letter through post to Office of the Director of Public Prosecutions, ODPP House, Ragati Road, Upper Hill, P.O Box 30701 -00100 Nairobi, Kenya or hand deliver at the ODPP Head Office or at the ODPP County Offices.
2. Email to:  info@odpp.go.keor publiccomplaints@odpp.go.ke.
3. Through Malalamishi App using the following link https://malalamishi.prosecutions.go.ke/
4. Call:  0734939048

• The Director of Public Prosecutions will direct the Director of Criminal Investigations to forward a police investigation file concerning the complaint.
• Once the investigation file has been submitted to the Office of Director of Public Prosecutions, it is then perused and a complainant is advised according to the investigations done by the Police.
• If the Director of Public Prosecutions feels that the investigations were not done properly, he then returns the investigation police file back to the Criminal Investigations Department and request for further investigations to be done and the file to be resubmitted back to his office for further directions and advice.
• The final decision made by the Director of Public Prosecutions is then communicated to the relevant agency/office for necessary action and the complainant is duly notified.

Once a complaint by the member of the public has been received via post or electronic mail, an acknowledgement response is immediately dispatched to the author.

When the letter is hand delivered, the complainant will have a duplicate of his letter stamped ‘received’ as acknowledgement.

• The complainant who lodged the complaint.
• A person on behalf of the complainant with the complainant’s written consent or a power of attorney authorizing him/her to act in his/her behalf.
• An advocate acting on behalf of the complainant.

No. If one lodges a complaint at the Office of the Director of Public Prosecutions and has matters pending in court; he/she is still obliged to attend court session unless otherwise advised.

The office of the Director Public Prosecutions is mandated to carry out prosecutions without the permission of the court. However, any person may make an application to a magistrate’s court seeking to be granted permission to carry out private prosecution.

The person must show that he/she has reported the matter to the police and that the Director of Public Prosecutions is aware of the complaint and has made a decision not to prosecute without reasonable justification.

Private prosecution can be undertaken where there is a clear likelihood of failure of justice or where there is a great social evil that is being allowed to flourish.

Kindly note that permission is at the discretion of the court in allowing private prosecution proceedings.

A victim is involved all through the prosecution process. This is by assisting the police with all necessary evidence for the prosecution to evaluate if the evidence is relevant to a case.

A victim can be involved in the prosecution process in the following manner:

• Before a decision to go to court is made. This is applicable only in some instances as there are other crimes which must be prosecuted regardless of the victims’ decision.  
• Before a decision is made whether or not to oppose an application for bail by the accused
• As a witness to testify in court
• Before sentencing, where the impact of the crime committed is evaluated and presented to court. This influences the type and severity of the sentence.
• Before deciding whether to appeal or not
• Before a decision on whether to have a plea agreement or not

There are three ways in which one may approach the court in cases where you are dissatisfied with the decision of the court. You may opt to:

• Appeal

This can be done by the accused person to a higher court than the court that has passed the judgment. If a complainant in a case is dissatisfied with the outcome, one may request the Office of the Director Public Prosecutions to appeal on his behalf in the matter.

However, an appeal is only done in matters of law and not in matters of fact.

This is done within 14 days of reading of the judgment in court.

• Review

This is where one makes an application to the court seeking it to review its decision on a case. It can be done by either the prosecution or accused person.

• Revision

This is done at the High Court, where there is an apparent error on the face of the record. For example, where there is an error in sentencing.

The decision to charge is the Prosecution Counsel’s determination as to whether evidence availed by an investigator or investigative agencies is sufficient to warrant the institution of prosecution proceedings against an accused person in a Court of law.

When making charging decisions, prosecutors must be fair and objective and must not let personal views based on ethnic or national origin, gender, disability, age, religion or belief, sexual orientation, status, or gender identity of a suspect, accused person, victim or any witness influence their decision and must be apolitical. Prosecutors must also act in the interest of justice and not solely for the purpose of obtaining a conviction.

A plea bargain is a negotiated agreement between a criminal accused and a prosecutor, where the accused agrees to voluntarily plead “guilty” or “no contest” for a concession from a prosecutor in exchange for a plea e.g. for a lesser charge, for fewer counts since some charges may be withdrawn for a lenient sentence.

• Saves expenses that would be incurred if a case goes to full trial
• Shorten trial time
• Allows prosecutors time to focus on higher level cases by significantly reducing the number of cases that go to full trial
• Lighter sentences
• Non-custodial sentences
• Decongested prisons

1. Withdraws charges
2. Reduces charges
3. Stays charges
4. Recommends alternatives to Prosecution
5. Recommends sentence
6. Recommends compensation
7. Rehabilitation

Diversion is an alternative to criminal prosecution. It is a means of resolving criminal cases by removing the matter from the court system in deserving cases

• Diversion offers a ‘second chance’to a person who has committed an offence but accepts responsibility
• Promotes compensation for the victims of the crime
• Reduces build-up of cases in the courts
• Saves money which can be used for other government services
• Reduces overcrowding in prisons
• Offender will not have a criminal record
• Promotes quick resolution of cases
• Promotes peace and reconciliation

Any of the following persons may request for diversion from the Prosecutor either orally or in writing.

• Adult offenders alleged to have committed minor offences
• Cases involving serious offences where exceptional circumstances exist
• All child offenders
• Vulnerable persons e.g. Elderly persons and persons living with mental illness

Only the Prosecutor can decide to divert a case.

Kindly refer to our website: https://www.odpp.go.ke/contact-us/