The Office of the Director of Public Prosecutions (ODPP)
The Office of the Director of Public Prosecution (ODPP) and the Independent Policing Oversight Authority (IPOA) continue to collaborate effectively in ensuring the efficient delivery of justice.
In line with this ongoing partnership, the Director of Public Prosecution (DPP), Renson Ingonga CBS, OGW, met with a delegation from IPOA, led by Chairperson Isaack Hassan where they discussed various areas of cooperation aimed at ensuring timely and effective delivery of justice.
The DPP highlighted the importance of such meetings, noting that they offer a valuable opportunity to review progress made and identify areas for improvement in delivering justice to all. He emphasized the necessity of conducting pretrial conferences, especially in cases involving police officers, before proceeding with trials in court. This, he explained, would help better prepare for the case and ensure clarity on the evidence to be presented.
Addressing the review of case files, the DPP acknowledged that gaps may arise during investigations, particularly when they are rushed, potentially overlooking key evidence. In such cases, he emphasized that the DPP’s office has the constitutional mandate to review cases at any stage, even before judgment, and could recommend further evidence collection. “The constitution clearly mandates the DPP to review cases at any stage and make decisions at any point in the trial process,” he remarked.
The DPP also reaffirmed the importance of meeting certain thresholds before charging , citing established doctrines on the decision to charge. “There are clear standards that must be met before a case is taken to court,” he added.
IPOA Chairperson Isaack Hassan advocated for regular, structured training sessions between IPOA officers and prosecutors. He said this will help both parties stay updated on emerging issues and better understand current trends. “We must emphasize the need for a strong working relationship between prosecutors and investigators. This collaboration is crucial for the smooth execution of their respective constitutional mandates,” Hassan stated.
Hassan also noted that the new IPOA board, which took office during a period of significant public disquiet, had prioritized regaining public trust. This was he said will be achieved through active engagement with key stakeholders in the justice sector.
He further underscored the importance of joint efforts among IPOA, ODPP, the National Police Service (NPS), the judiciary, and other justice sector actors, particularly in cases involving police officers.
IPOA CEO Elema Halake emphasized that pretrial conferences should be mandatory, especially for high-profile cases involving the public interest, as they can often be complex. Failure to conduct these conferences, he warned, could undermine the trial process. He also called for enhanced communication between IPOA and ODPP, which would foster a more seamless working relationship. “Continuous consultation between investigators and prosecutors is vital for ensuring that evidence is gathered effectively and preserved properly,” Halake added.
Halake also advocated for joint training of IPOA investigators on ODPP policies, including the Diversion Policy and the Decision to Charge, to ensure they fully understand the criteria needed to make such decisions in cases.
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.