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The Office of the Director of Public Prosecutions (ODPP) is the National Prosecuting Authority in the Republic of Kenya as established by the Constitution of Kenya, which de-linked it from the Office of the Attorney General and established it as an independent office. The office is empowered with the authority to exercise the State's powers of prosecution with regard to criminal proceedings.
The ODPP is officially headed by the Director of Public Prosecutions (DPP) who is nominated, and with the approval of the National Assembly, appointed by the President of Kenya.
The mandate of ODPP as derived from Article 157 of the Constitution is to institute and to undertake the prosecution of criminal matters and all other related incidents.
The role of the Director of Public Prosecutions in Kenya [1] and the ODPP takes place through four departments namely:
A Deputy Director heads each of these departments.
The core functions of the office of the Director of Public Prosecutions (ODPP) include prosecution of those charged by the police and other investigative agencies with criminal offences while upholding, protecting and promoting human and constitutional rights.
The nature of complaints handled by the Office of the Director of Public Prosecutions are as follows:
The first holder of the Office of Director of Public Prosecutions under the 2010 Constitution was Keriako Tobiko who served from 2011 before resigning in 2018 when he was appointed as the cabinet Secretary for the ministry of environment and natural resources.
In the United Kingdom, the equivalent position to the director of public prosecutions is a chief crown prosecutor, this prosecutors work under the Crown Prosecution Service In England and Wales, District Attorney in the United States and Procurator Fiscal In Scotland
In Canada, The equivalent position to a director of public prosecutor is a crown attorney,crown counsel or Crown Prosecutor depending on the province
# | Name | Took office | Left office | Appointed by |
---|---|---|---|---|
1 | Keriako Tobiko | 2011 | 2018 | Mwai Kibaki |
2 | Nurdin` Hajji | 2018 | 2023 | Uhuru Kenyatta |
3 | Renson M. Ingonga | 2023 | Incumbent | William Ruto [2] |
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.
Greville Ewan Janner, Baron Janner of Braunstone, was a British politician, barrister and writer. He became a Labour Party Member of Parliament for Leicester in the 1970 general election as a last-minute candidate, succeeding his father. He was an MP until 1997, and then elevated to the House of Lords. Never a frontbencher, Janner was particularly known for his work on Select Committees; he chaired the Select Committee on Employment for a time. He was associated with a number of Jewish organisations including the Board of Deputies of British Jews, of which he was chairman from 1978 to 1984, and was later prominent in the field of education about the Holocaust.
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
In the United States, a district attorney (DA), county attorney, county prosecutor, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact scope of the office varies by state. Generally, the prosecutor is said to represent the people of the jurisdiction in the state's courts, typically in criminal matters, against defendants. With the exception of three states, district attorneys are elected, unlike similar roles in other common law jurisdictions.
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
Nolle prosequi, abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare.
A procurator fiscal, sometimes called PF or fiscal, is a public prosecutor in Scotland, who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland, conduct fatal accident inquiries and handle criminal complaints against the police. They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs.
Crown prosecutors are the public prosecutors in the legal system of Australia. In Western Australia, they are referred to as State prosecutors.
The Office of the Director of Public Prosecutions (ODPP) Fiji is an independent office by virtue of section 117 of the 2013 Constitution of Fiji. The ODPP is motivated by the principle that it is in the interest of justice that the guilty be brought to justice and the innocent are not wrongly convicted.
A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain barristers.
Oluwashijibomi "Shiji" Lapite was a 34-year-old Nigerian asylum seeker who died in the back of a police van shortly after being detained by two officers from Stoke Newington police station in London.
Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.
Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law.
Dame Alison Margaret Saunders, is a British barrister and a former Director of Public Prosecutions. She was the first lawyer from within the Crown Prosecution Service and the second woman to hold the appointment. She was also the second holder of this office not to be a Queen's Counsel. She was previously the Chief Crown Prosecutor for CPS London. Her term of office ended on 31 October 2018. She is now a Partner at the Magic Circle law firm Linklaters.
The New South Wales Office of the Director of Public Prosecutions (ODPP) is an independent prosecuting service and government agency within the portfolio of the Attorney General of New South Wales. Of all prosecuting services in Australia, the ODPP has the largest caseload, staff, and budget.
The Office of the Director of Public Prosecutions is the principal public agency for conducting criminal prosecutions in the Republic of Ireland. It is led by the Director of Public Prosecutions (DPP).
The Criminal Procedure Code, are Malaysian laws which enacted relating to criminal procedure.
In Blood v DPP [2005] IESC 8, the Irish Supreme Court confirmed that a right to an expeditious trial is implied in the right to a fair trial under Irish law. The decision of McGuinness J further suggested that "blameworthy prosecution delay was insufficient without some evidence of prejudice to the accused, whether in the form of a real risk of an unfair trial or stress and anxiety arising from the delay". The applicant in the case was successful in their appeal.
The Staatsanwaltschaft is the public prosecutor's office in Germany. They are the offices of the public prosecutors which are criminal justice bodies attached to the judiciary but separate from the courts.