The Office of the Director of Public Prosecutions (ODPP)
The mandate of ODPP as derived from Article 157 of the Constitution is to institute and undertake prosecution of criminal matters and all other aspects incidental thereto.
The DPP makes the decision to charge and determines what charges should be preferred in a criminal case. The DPP performs the following functions;
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 undertake public prosecution of cases forwarded by all investigation agencies including the Police, Ethics and Anti-corruption Commission, Directorate of Criminal Investigations (DCI), Banking Fraud Investigations Units (BFIU), and cases taken over from private prosecutors
To represent the State in all criminal cases, criminal applications and appeals
To advice Government Ministries, Departments and State Corporations on matters pertaining to the application of criminal law
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
Other functions
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
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 expound and disseminate the National Prosecution Policy (NPP) and the Code of Conduct for Prosecutors
To monitor the training, appointment, and gazettement of Public Prosecutors in Statutory Corporations
To address parliamentary questions relating to administration of criminal justice
To address complaints raised by members of the public, watchdog bodies and other institutions
To Undertake other administrative roles relating to efficient and effective administration of criminal law in the country
Mr. Alloys Kemo is the Deputy Director in the Department of Prosecution Training Institute (PTI). Mr. Kemo is an Advocate of the High Court of Kenya and was admitted to the bar on 1995. He holds a Master’s of Science in Leadership & Governance from Jomo Kenyatta University of Agriculture and Technology (JKUAT) , LLB Degree from Nagpur University, and a postgraduate diploma in Law from the Kenya School of Law.
Mr. Kemo has previously served as a Regional Head, Coast Region between 2019 to 2021 before heading to Rift Valley as a Regional head. He has also served as a deputy head in the Department of offences against the person and Head of the Penal Code Offences Division between 2013 to 2018 at the Office of the Direction of Public Prosecutions.
He has also been a member of several committees that developed key prosecution policies and guidelines such as; the ODPP Act of 2012, National Prosecution guidelines, the Diversion policy, Diversion guidelines, the Plea bargain guidelines and The Decision to Charge guidelines amongst others. He also attended several prosecution courses in various thematic areas and in management and in Leadership.
Mr. Kemo has vast experience electoral Justice and lead the ODPP Election Offences Prosecution Team in the 2017 National General Elections and also the ODPP Election Preparedness Committee in the 2022 National General Elections. He is a trainer and has facilitated external trainings and also internal training for ODPP staff.