The Office of the Director of Public Prosecutions (ODPP)

ODPP pushes for Amendment to Children in Conflict with the Law Rules

The Director of Public Prosecutions Renson M. Ingonga, OGW in enhancing his agenda on Interagency collaboration and coordination held a consultative meeting with the Chief Justice of the Republic of Kenya Hon. Lady Justice Martha Koome on The Children (Children in conflict with the law) (Practice and Procedure) Rules, 2024.

The Rules Committee of the Judiciary and the National Council on the Administration of Justice standing Committee on Children matters developed a draft Children (children in conflict with the law) (practice and procedure) Rules, 2024, pursuant to sections 234 and 243 of the Children Act which grants powers to the Chief Justice to make Rules.

The Office of the Director of Public Prosecutions proposed amendments to the proposed draft Rules which if left unattended might have legal ramifications as well as infringe on the powers and mandate of the office.

After a fruitful engagement, the two institutions agreed to amend the Rules before they take effect.

The DPP called on the committee to ensure that the Rules acknowledge the role played by the justice sector actors. He added that the Constitution is clear under Article 157, which outlines the role and mandate of the Office of the Director of Public Prosecutions (ODPP).

The Chief Justice noted that, for justice to be served in a fair, efficient, and transparent way, there needs to be consensus between the key institutions in the justice sector, especially on the fidelity of the law. She added that there exist several matters in court that involve children hence, the Children Act 2022 should guide on the dispensation of justice to children, adding that it should be a point of reference at all times.

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