Office of the Director of Public Prosecutions Act
This Act may be cited as the Office of the Director of Public Prosecutions Act.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 6B
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Office of the Director of Public Prosecutions Act. Section 2 defines terms used in the Act (for example "Director", "National Police Service", "offence", and related prosecutorial terms) and contains a transitional interpretation for "Cabinet Secretary". The Act's object is to give effect to the provisions of Articles 157 and 158 and other relevant Articles of the Constitution. Section 4. Guiding principles Section the diversity of the people of Kenya; The Director may resign by giving one month's notice to the President.
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Legal text
Provisions of Office of the Director of Public Prosecutions Act
Showing 58 of 58
Part I
PRELIMINARY
- 1 Verify source ↗
PRELIMINARY - 1. Short title
AI-assisted research summary: This Act may be cited as the Office of the Director of Public Prosecutions Act.
Section 1. Short title Section This Act may be cited as the Office of the Director of Public Prosecutions Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Section 2 defines terms used in the Act (for example "Director", "National Police Service", "offence", and related prosecutorial terms) and contains a transitional interpretation for "Cabinet Secretary".
Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Director" means the Director of Public Prosecutions appointed in accordance with Article 157(2) of the Constitution and section 8 of this Act; "Inspector-General" means the Inspector-General of the National Police Service appointed in accordance with Article 245(2) of the Constitution and section 9 of the National Police Service Act (Cap. 84); "Investigative Agency" in relation to public prosecutions means the National Police Service, Ethics and Anti-Corruption Commission, Kenya National Commission on Human Rights, Commission on Administration of Justice, Kenya Revenue Authority, Anti-Counterfeit Agency or any other Government entity mandated with criminal investigation role under any written law; "National Police Service" means the National Police Service established by Article 243 of the Constitution; "offence" means an act, attempt or omission punishable by law; "Office" means the office of the Director of Public Prosecutions established under Article 157(1) of the Constitution; "police officer" has the meaning assigned to it under the National Police Service Act, (Cap. 84); "prosecution" means a prosecution under the jurisdiction of the Director, a proceeding respecting any offence, the prosecution or prospective prosecution which is under the jurisdiction of the Director and related to such a prosecution or proceeding and includes extradition proceedings and any appeal, revision or other proceeding related thereto; "Prosecution assistant" means an officer in the National Police Service gazetted as a Public Prosecutor; "Prosecution Counsel" means the Director of Public Prosecutions, every legally qualified member of the office and any other legally qualified person appointed by the Director under this Act to undertake any prosecution under his or her general or special instructions; "prosecutor" means a person appointed under section 29 and 30 as a prosecutor and shall include Private Prosecutors; "public prosecutor" means the Director and such other persons exercising the delegated powers of the Director under Article 157(9) of the Constitution. Section 2(2) Despite subsection (1), until after the first general elections under the Constitution, references in this Act to the expression "Cabinet Secretary" shall be construed to mean "Minister". - 3 Verify source ↗
PRELIMINARY - 3. Object of the Act
AI-assisted research summary: The Act's object is to give effect to the provisions of Articles 157 and 158 and other relevant Articles of the Constitution.
Section 3. Object of the Act Section The object of this Act is to give effect to the provisions of Articles 157 and 158 and other relevant Articles of the Constitution. - 4 Verify source ↗
PRELIMINARY - 4. Guiding principles
AI-assisted research summary: Section 4. Guiding principles Section the diversity of the people of Kenya;
Section 4. Guiding principles Section the diversity of the people of Kenya;
Part II
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR
- 10 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 10. Resignation of the Director
AI-assisted research summary: The Director may resign by giving one month's notice to the President.
Section 10. Resignation of the Director Section 10(1) The Director may resign from office by issuing a one month notice to the President. Section 10(2) The resignation under subsection (1) shall take effect upon receipt and acceptance, in writing, by the President. - 11 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 11. Vacancy
AI-assisted research summary: Section 11: Vacancy — "Section dies;"
Section 11. Vacancy Section dies; - 12 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 12. Deputy Directors
AI-assisted research summary: Deputy Directors must exercise their powers and functions under the superintendence, directions and control of the Director.
Section 12. Deputy Directors Section 12(1) There shall be appointed such number of Deputy Directors to assist the Director in the execution of his or her powers and functions under the Constitution, this Act and any other written law. Section 12(2) The Deputy Directors shall exercise the powers and functions subject to superintendence, directions and control of the Director. Section 12(3) The Deputy Directors shall be appointed in a competitive and transparent manner. - 13 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 13. Composition
AI-assisted research summary: Lists the Office's composition (Director, Deputy Directors, Secretary of Prosecution Services, Prosecution Counsel, technical staff, and other staff) and grants the Office power to appoint, control and supervise its staff for purposes of promoting its objectives.
Section 13. Composition Section 13(1)(a) the Director appointed in accordance with Article 157 of the Constitution and section 8 of this Act; Section 13(1)(b) Deputy Directors appointed under this Act; Section 13(1)(c) Secretary of Prosecution Services; Section 13(1)(d) Prosecution Counsel; Section 13(1)(e) technical staff; and Section 13(1)(f) such other members of staff of the Office as may be appointed from time to time. Section 13(2) The Office shall have power to appoint, control and supervise its staff in a manner and for such purposes as may be necessary for the promotion of the purpose and the object for which the Office is established. - 14 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 14. Access to service
AI-assisted research summary: Section 14 requires the Office to ensure reasonable access to its services nationwide; places prosecutors under the Director's superintendence; allows the Director to designate county officers; sets duties for prosecutors including impartiality, non-discrimination, confidentiality (with an exception), victim consideration, and cooperation with police, courts and other agencies.
Section 14. Access to service Section 14(1) Pursuant to Article 6(3) of the Constitution, the Office shall ensure reasonable access to its services in all parts of the Republic. Section 14(2) All public prosecutors appointed under this Act shall be under the immediate superintendence and control of the Director or such other officer as the Director may designate for better management and coordination of prosecution services. Section 14(3) The Director may, by a directive under his hand designate an officer subordinate to him to be in charge of prosecution services in one or more counties as the Director may specify. Section 14(4) An officer designated under subsection (3) shall have jurisdiction throughout the counties specified by the Director. Section 14(5)(a) observe the guiding principles under section 4 of this Act; Section 14(5)(b) carry out the prosecutor’s functions impartially and avoid discrimination on any ground including race, gender, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth; Section 14(5)(c) protect the public interest, act with objectivity, take account of the position of the suspect and the victim, and pay attention to all relevant circumstances, irrespective of whether they are to the advantage or disadvantage of the suspect; Section 14(5)(d) keep matters in the possession of the prosecutor confidential, unless the performance of a duty or the needs of justice require otherwise; and Section 14(5)(e) consider the views and concerns of a victim where necessary. Section 14(6) A public prosecutor shall, in order to ensure the fairness and effectiveness of prosecution, cooperate with the National Police Service, the courts, the legal profession and other government agencies or institutions. - 15 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 15. Protection from personal liability
AI-assisted research summary: Members of the Office's staff and its officers, employees and agents are exempt from personal liability for acts done in good faith while executing the Office's functions, powers or duties.
Section 15. Protection from personal liability Section No matter or thing done by a member of the staff of the Office or any officer, employee or agent of the Office shall, if the matter or thing is done in good faith in the execution of the functions, powers or duties of the Office, render the member, officer, employee or agent personally liable to any action, claim or demand whatsoever. - 16 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 16. Advisory Board
AI-assisted research summary: Section 16 establishes an Advisory Board composed of named office-holders; the Director of Public Prosecutions is the chair and the Secretary of Prosecution Services is the Board secretary; members may attend meetings in person or via appointed representatives; conditions for loss of membership are listed.
Section 16. Advisory Board Section 16(1) There is established an advisory Board to the Office. Section 16(2)(a) the Principal Secretary for the time being responsible for matters relating to public service; Section 16(2)(b) the Director of Public Prosecutions; Section 16(2)(c) the Attorney-General; Section 16(2)(d) the Principal Secretary for the time being responsible for the National Treasury; Section 16(2)(e) the Chief Registrar of the Judiciary; Section 16(2)(f) the Chairperson, Law Society of Kenya; Section 16(2)(g) the Director, Witness Protection Agency; Section 16(2)(h) the Chairperson, Kenya National Commission on Human Rights; and Section 16(2)(i) the Inspector General of the National Police Service. Section 16(3) The Director of Public Prosecutions shall be the chairperson of the Board. Section 16(4) The Secretary of Prosecution Services shall be the secretary to the Board. Section 16(5) The members of the Board may attend the meetings or any matter of the Board in person or through their appointed representatives. Section 16(6)(a) if the member is absent, without reasonable excuse from three consecutive meetings of the Board of which the member has had notice; Section 16(6)(b) if the member is adjudged bankrupt; Section 16(6)(c) if the member is convicted of an offence under this Act or any other written law and sentenced to imprisonment; Section 16(6)(d) if the member is declared to be of unsound mind; Section 16(6)(e) if a member ceases to hold the office to which that person is a member by virtue of that office; Section 16(6)(f) upon the member’s death; or Section 16(6)(g) does not qualify to be a member of the Board pursuant to any other law in force. - 17 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 17. Functions and powers of the Board
AI-assisted research summary: Sets internal governance rules for the Board: staff recruitment/appointment, allowances approval, meeting frequency and intervals, chair duties, disclosure of conflicts and a trading prohibition for members, Director and staff.
Section 17. Functions and powers of the Board Section 17(1)(a) recruitment and appointment of members of staff of the Office; Section 17(1)(b) promotions; Section 17(1)(c) discipline; and Section 17(1)(d) any other matters that may be referred to the Board by the Director. Section 17(2) Members of the Board shall be paid such allowances as the Cabinet Secretary responsible for Finance, in consultation with the Director, shall approve upon advise of the Salaries and Remuneration Commission. Section 17(3) The Board shall meet at least four times in every financial year and not more than four months shall elapse between one meeting and the next meeting. Section 17(4) Unless three quarters of the members otherwise agree, at least fourteen days’ notice of a meeting shall be given to every member. Section 17(5) The quorum at the meeting of the Board shall be six members or a greater number as determined by the Board. Section 17(6) The chairperson shall convene and preside over the meetings of the Board or in the absence of the chairperson, a member of the Board elected by the members present from among their number. Section 17(7) Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. Section 17(8) The proceedings of the Board shall not be invalidated by reason of a vacancy among the members. Section 17(9) A member of the Board or a person present at a meeting of the Board who has interest in a matter for consideration by the Board or by the Office shall disclose in writing the nature of that interest and is disqualified from participating in the deliberations of the Board or the office in respect of that matter, unless the Board or office decides otherwise. Section 17(10) A member of the Board, the Director or a member of staff of the Office of the Director of Public Prosecutions shall not trade with the Office. - 18 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 18. Tracing, forfeiture and recovery of assets
AI-assisted research summary: When, after criminal proceedings, a person must pay an amount to the Government or property is forfeited by court order, the Office must take further proceedings or steps to recover the amount or enforce the forfeiture or order.
Section 18. Tracing, forfeiture and recovery of assets Section Where the Office has conducted criminal proceedings under any law in force and as a result of the proceedings a person becomes liable to pay an amount to the Government or property is forfeited to the Government under a court order, the Office shall take any further proceedings or steps that may be required to recover the amount or enforce the recovery, forfeiture or order. - 19 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 19. Prosecution counsel
AI-assisted research summary: The Office must appoint as many prosecution counsel as are necessary to ensure proper and efficient prosecution services.
Section 19. Prosecution counsel Section There shall be appointed by the Office such number of prosecution counsel as may be necessary for the proper and efficient provision of prosecution services. - 20 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 20. Prosecution assistants
AI-assisted research summary: The Director may, by Gazette notice, delegate powers or functions of the office to a prosecution assistant; prosecution assistants must exercise delegated authority to the extent specified by the Director in the notice of appointment.
Section 20. Prosecution assistants Section 20(1) Pursuant to Article 157(9) of the Constitution the Director may, by a notice in a Gazette , delegate any powers or functions conferred upon the office to a prosecution assistant. Section 20(2)(a) appointed as such by the Director in accordance with subsection (1); Section 20(2)(b) not qualified to be appointed as prosecution counsel but with relevant experience and expertise; and Section 20(2)(c) currently serving in the National Police Service and exercising prosecutorial powers as is, was or shall be delegated by the Director. Section 20(3) A prosecution assistant shall exercise delegated authority under this section to the extent as shall be determined by the Director in the notice of appointment. - 21 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 21. Practicing certificate
AI-assisted research summary: The Director and a prosecution counsel appointed by the Director are entitled to practice as legal practitioners when exercising Office powers or functions, as if they held an unrestricted practising certificate.
Section 21. Practicing certificate Section The Director and a prosecution counsel appointed by the Director under this Act shall, for the purposes of exercising the powers or performing the functions of the Office, be entitled to practice as a legal practitioner as if he or she were holding an unrestricted practising certificate issued under the law for the time being regulating legal practice in Kenya. - 22 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 22. Delegation
AI-assisted research summary: The Director may in writing delegate any power and assign any duty to a subordinate officer, subject to conditions; delegation does not stop the Director exercising the power and the Director may withdraw delegations or amend decisions.
Section 22. Delegation Section 22(1) The Director may subject to such conditions as he or she may impose in writing, delegate any power and assign any duty conferred on him or her in terms of this Act or any other written law to a subordinate officer. Section 22(2) Any power exercised or functions performed under this Act by a prosecution counsel or a member of staff of the Office shall be deemed to have been exercised or performed by the Director. Section 22(3) A delegation or assignment under subsection (1) does not prevent the Director from exercising the power in question himself or herself. Section 22(4)(a) shall be subject to any conditions the Director may impose; Section 22(4)(b) shall not divest the Director of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and Section 22(4)(c) may be withdrawn, and any decision made by the person so delegated to may be withdrawn or amended by the Director. - 23 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 23. Control of prosecutions
AI-assisted research summary: Decide whether to prosecute or not to prosecute in relation to an offence.
Section 23. Control of prosecutions Section decide to prosecute or not to prosecute in relation to an offence; - 24 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 24. Takeover of criminal proceedings
AI-assisted research summary: The Director may take over a prosecution or appeal for the Act by giving written notice; if the Director takes over, the Director becomes the prosecutor, appellant or respondent.
Section 24. Takeover of criminal proceedings Section 24(1) Subject to the Constitution, the Director may take over a prosecution or appeal for the purposes of this Act by giving notice in writing to the Magistrate before whom the matters is being heard or the Registrar and the affected persons, indicating the Director’s intention to take over the matter. Section 24(2) Where the Director has taken over a matter pursuant to subsection (1), the Director shall become the prosecutor, appellant or respondent, as the case may be in such proceedings. - 25 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 25. Discontinuing of criminal proceedings
AI-assisted research summary: The Director may discontinue a prosecution with the court's permission; may apply to the court for a stay pending that permission; and is not prevented from continuing proceedings in the name of the instituting person or authority.
Section 25. Discontinuing of criminal proceedings Section 25(1) The Director may, with the permission of the court, discontinue a prosecution commenced by the Director, any person or authority at any stage before delivery of judgement. Section 25(2) Pending the permission by the court in accordance with subsection (1), the Director may apply orally or in writing to the court for a stay of proceedings with a view that such proceedings may be taken over by the Director to prevent and avoid abuse of the legal process and to protect the public interest. Section 25(3) Nothing in this section prevents the Director from continuing to conduct proceedings in the name of the person or authority that instituted those proceedings. - 26 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 26. Duty of disclosure
AI-assisted research summary: The Inspector-General or any other investigative agency must disclose to the Director material facts and information from investigations that could assist prosecution or defence.
Section 26. Duty of disclosure Section 26(1) The Inspector-General or any other investigative agency shall disclose to the Director all material facts and information collected in the course of an investigation that may be reasonably expected to assist the case of prosecution or defence. Section 26(2)(a) conduct thorough investigations; Section 26(2)(b) compile all evidence; and Section 26(2)(c) submit all relevant information in relation to any investigation undertaken. Section 26(3)(a) include privileged information; and Section 26(3)(b) continue until the determination of the case. Section 26(4) In this section "privileged information" means any information or material that would be exempted from production in court or disclosure, by any written law or for any other lawful or justifiable reason. - 27 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 27. Duty to cooperate
AI-assisted research summary: Public officers and State officers must cooperate with the Director by responding to inquiries, complying with lawful directions and furnishing requested information; contravention may lead to imprisonment up to one year, a fine up to three hundred thousand shillings, or both, and possible disciplinary procedures.
Section 27. Duty to cooperate Section 27(1)(a) respond to any inquiry by the Director; Section 27(1)(b) comply with the lawful directions of the Director; and Section 27(1)(c) furnish the Director with such information as the Director may require to discharge his or her functions under the Constitution, this Act or any other written law. Section 27(2) Any public officer or State officer who contravenes subsection (1) shall be liable on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding three hundred thousand shillings or to both. Section 27(3) In addition to the penalty prescribed under subsection (2), the public officer or State officer may be subjected to the relevant disciplinary procedures. - 28 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 28. Private prosecutions
AI-assisted research summary: Any person may start a private prosecution; if they do they must notify the Director in writing within thirty days; the Director may undertake, takeover or discontinue private prosecutions.
Section 28. Private prosecutions Section 28(1) Notwithstanding any provision under this Act or any other written law, any person may institute private prosecution. Section 28(2) Any person who institutes private prosecution shall, within thirty days of instituting such proceeding, notify the Director in writing of such prosecution. Section 28(3) In accordance with Article 157 of the Constitution and this Act, the Director may undertake, takeover or discontinue any private prosecution. - 29 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 29. Power to appoint Public Prosecutors
AI-assisted research summary: The Director may appoint qualified persons to prosecute on the Director's behalf; those persons are called public prosecutors and must be responsible to and follow the Director's guidelines and instructions in prosecutions.
Section 29. Power to appoint Public Prosecutors Section 29(1) The Director may appoint any qualified person to prosecute on his or her behalf. Section 29(2) A person appointed under subsection (1) shall be known as a public prosecutor. Section 29(3) A public prosecutor appointed under subsection (1) shall be responsible to the Director and shall be bound to comply with all guidelines and instructions issued by the Director in respect of prosecutions. - 30 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 30. Appointment of private legal practitioners as public prosecutors
AI-assisted research summary: The Director may engage qualified private legal practitioners to assist with his mandate, and when doing so must comply with the relevant public procurement law and regulations.
Section 30. Appointment of private legal practitioners as public prosecutors Section 30(1) The Director may from time to time, and as need may arises, engage the services of a qualified private legal practitioner to assist in the discharge of his mandate. Section 30(2) In engaging the services of a private legal practitioner under subsection (1), the Director shall comply with the relevant public procurement law and regulations. - 31 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 31. Proceedings where the Director or the Office is a party
AI-assisted research summary: Proceedings where the Director or the Office is a party.
Section 31. Proceedings where the Director or the Office is a party Section any other officer subordinate to him; or - 5 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 5. Powers and functions of the Director
AI-assisted research summary: Section 5 sets out the Director's powers to direct investigations, institute or take over criminal proceedings, discontinue prosecutions in certain circumstances, formulate prosecution policy, direct investigative agencies, and assign subordinate officers who must be complied with by agencies and the Inspector-General.
Section 5. Powers and functions of the Director Section 5(1)(a) have power to direct the Inspector-General to investigate any information or allegation of criminal conduct and the Inspector-General shall comply with any such direction; Section 5(1)(b) institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed; Section 5(1)(b)(i) institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed; Section 5(1)(b)(ii) take over and continue any criminal proceedings commenced in any court (other than a court martial) that have been instituted or undertaken by another person or authority, with the permission of the person or authority; and Section 5(1)(b)(iii) subject to Article 157(7) and (8), discontinue at any stage before judgment is delivered any criminal proceedings instituted by the Director of Public Prosecutions or taken over by the Director of Public Prosecutions; Section 5(1)(c) formulate and keep under review public prosecution policy; Section 5(1)(d) perform any functions and exercise any powers prescribed by legislation, in addition to the functions and powers conferred by the Constitution and this Act. Section 5(2)(a) notwithstanding the provisions of any other law in force for the time being, perform all that is necessary to be done for the purpose of performing the functions of the Director; and Section 5(2)(b) direct that investigations be conducted by an investigative agency named in the direction. Section 5(3) Without prejudice to other provisions of this Act or any other law in force, the Director may assign an officer subordinate to him to assist or guide in the investigation of a crime and every investigative Agency shall give effect to that direction. Section 5(4)(a) promote appropriate standards of practice by public prosecutors, assistant prosecutors, and any other person exercising prosecutorial authority under this Act; Section 5(4)(b) implement an effective prosecution mechanism so as to maintain the rule of law and contribute to fair and equitable criminal justice and the effective protection of citizens against crime; Section 5(4)(c) cooperate with the National Police Service, investigative agencies, the courts, the legal profession and other Government agencies or institutions so as to ensure the fairness and effectiveness of public prosecutions; Section 5(4)(d) set the qualification for the appointment of prosecutors; Section 5(4)(e) review a decision to prosecute, or not to prosecute, any criminal offence; Section 5(4)(f) advise the State on all matters relating to the administration of criminal justice; and Section 5(4)(g) do all such other things as are necessary or incidental to the performance of its functions under the Constitution, this Act or any other written law. - 6 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 6. Independence of the Director
AI-assisted research summary: States that the consent of any person or authority is not required for the commencement of criminal proceedings.
Section 6. Independence of the Director Section not require the consent of any person or authority for the commencement of criminal proceedings; - 7 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 7. Accountability and reporting of the Office
AI-assisted research summary: The Director must submit an annual report to the President and Parliament after each financial year; the President, National Assembly or Senate may at any time require the Director to submit a report on a particular issue; the Speaker must lay the report before the National Assembly for debate within seven days after the Assembly first meets following receipt.
Section 7. Accountability and reporting of the Office Section 7(1) As soon as practicable after the end of each financial year, the Director shall submit a report to the President and Parliament on the performance and overall fulfillment of the object and purpose of the Office under the Constitution, this Act and any other written law. Section 7(2) At any time, the President, the National Assembly or the Senate may require the Director to submit a report on a particular issue. Section 7(3) Every report required from the Director under this section shall be published and publicised. Section 7(4) The Director shall prepare such other reports as may be required under any other written law. Section 7(5) The Speaker of the National Assembly shall cause the report received under this section to be laid before the National Assembly for debate not later than seven days after the National Assembly first meets, after the Speaker has received the report. - 8 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 8. Appointment of the Director
AI-assisted research summary: Sets out the selection and appointment process for the Director: a selection panel advertises and shortlists candidates; the President selects and forwards a nominee to the National Assembly for vetting; if approved the President appoints the nominee; if rejected the Speaker informs the President and requests a fresh nomination.
Section 8. Appointment of the Director Section 8(1)(a) the Office of the President; Section 8(1)(b) the Office of the Attorney-General; Section 8(1)(c) the Ministry responsible for public service; Section 8(1)(d) the Kenya National Commission on Human Rights; Section 8(1)(e) the Law Society of Kenya; Section 8(1)(f) the Central Organizations of Trade Unions; and Section 8(1)(g) the Ethics and Anti-corruption Commission. Section 8(2)(a) convene the first meeting of the selection panel, at which the members of the selection panel shall elect a chairperson from among their number; and Section 8(2)(b) provide the selection panel with such facilities and other support as it may require for the discharge of its functions. Section 8(3) The selection panel shall, within seven days of convening, by advertisement in at least two daily newspapers of national circulation, invite applications from persons who qualify for nomination and appointment for the position of the Director. Section 8(4)(a) consider the applications received under subsection (3) to determine compliance with the Constitution; Section 8(4)(b) shortlist the applicants; Section 8(4)(c) publish the names of the shortlisted applicants and qualified applicants in at least two daily newspapers of national circulation; Section 8(4)(d) conduct interviews of the shortlisted applicants; Section 8(4)(e) shortlist three successful applicants in the order of merit; and Section 8(4)(f) forward the names to the President. Section 8(5) The President shall, within fourteen days of receipt of the names of successful applicants forwarded under subsection (4)(f), select one candidate and forward the name of the person so selected to the National Assembly for approval. Section 8(6) The National Assembly shall, within twenty-one days of the day it next sits after receipt of the name of the applicant under subsection (5), vet and consider the nominee, and may approve or reject him or her. Section 8(7) Where the National Assembly approves of the nominee, the Speaker of the National Assembly shall forward the name of the approved nominee to the President for appointment. Section 8(8) The President shall, within seven days of receipt of the approved nominee’s name from the National Assembly, by notice in the Gazette , appoint the Director of Public Prosecutions approved by the National Assembly. Section 8(9) Where the National Assembly rejects the nomination, the Speaker shall within three days communicate its decision to the President and request the President to submit a fresh nomination within twenty one days. - 9 Verify source ↗
COMPOSITION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE DIRECTOR - 9. Removal of the Director
AI-assisted research summary: The Director can be removed from office under Article 158 of the Constitution.
Section 9. Removal of the Director Section The Director may be removed from office in accordance with Article 158 of the Constitution.
Part III
ORGANIZATION, MANAGEMENT, MONITORING AND SUPERVISION OF PROSECUTION SERVICES
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ORGANIZATION, MANAGEMENT, MONITORING AND SUPERVISION OF PROSECUTION SERVICES - 32. Director may require information
AI-assisted research summary: The Director may issue written directives to officers for information relating to investigations or prosecutions; officers who receive such directives must comply and keep the Director informed.
Section 32. Director may require information Section 32(1) Without prejudice to the provisions of any other law, the Director may, in accordance with subsection (2), issue a directive in writing to any officer for purposes of obtaining information relevant to an investigation or prosecution of an offence. Section 32(2)(a) any specified information, document or material or a specified kind of information, document or material, or for all relevant information, documents and material, to be furnished to the Director; or Section 32(2)(b) the provision of assistance, including the carrying out of an investigation or further investigation of a matter, in relation to the offence or suspected offence. Section 32(3) An officer to whom a directive is made under this section shall comply with it and keep the Director informed of the progress made in complying with the directive. Section 32(4)(a) the Inspector General or a member of the National Police Service, Prisons Service or any other investigative agency of the Government; Section 32(4)(b) a person employed by an authority or corporation established under any law of Kenya and authorized by or under the law to investigate or to make a complaint in relation to an offence against a law in force in Kenya; Section 32(4)(c) any officer or employee of the public service or of the public sector; or Section 32(4)(d) any officer employed by or managing a private corporate body, a non-governmental organisation, or any other civil society organization whether duly registered or not.
Part IV
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Provision
AI-assisted research summary: The Director must comply with the Constitution's values and principles when appointing members of staff of the Office.
Section 33. Composition of the staff of the Office Section 33(1)(a) regional and ethnic diversity of the people of Kenya; Section 33(1)(b) gender equity; and Section 33(1)(c) persons with disability. Section 33(2) The Director shall comply with the values and principles under the Constitution in the appointment of members of staff of the Office. - 34 Verify source ↗
Provision
AI-assisted research summary: States a qualification for appointment as prosecution counsel: "an Advocate of the High Court of Kenya".
Section 34. Qualifications for appointment as prosecution counsel Section an Advocate of the High Court of Kenya; or - 35 Verify source ↗
Provision
Section 35. Conditions of service of the Director Section The remuneration, allowances and other terms and conditions of service of the Director shall be determined by the Salaries and Remuneration Commission established under Article 230 of the Constitution. - 36 Verify source ↗
Provision
AI-assisted research summary: The Director must determine terms of service for Office staff on the advice of the Salaries and Remuneration Commission; Director, Prosecution Counsel and other staff must not have their remuneration or retirement benefits varied to their disadvantage during their lifetime.
Section 36. Remuneration and conditions of service of staff of the Office Section 36(1) The members of staff of the Office appointed under this Act shall serve on such terms as the Director may, on the advice of the Salaries and Remuneration Commission, determine. Section 36(2) The terms and conditions determined under this section shall commence not later than a year after the commencement of this Act. Section 36(3) The publication of the terms, salaries and conditions of service shall be made as soon as possible after the commencement of this Act and thereafter such a publication shall be issued if circumstances, including any revision and adjustment of salaries and allowances of the Director, Judges, Magistrates and other judicial staff since the latest revision and adjustment of salaries of Director or Prosecution Counsel, so justify. Section 36(4) The remuneration and benefits payable to the Director, Prosecution Counsel and other Staff shall not be varied or reviewed to their disadvantage and the retirement benefits shall not be varied to their disadvantage during their lifetime. - 37 Verify source ↗
Provision
AI-assisted research summary: The Office may appoint professional, technical and administrative officers and support staff under this Act.
Section 37. Staff of the Office Section There shall be such professional, technical and administrative officers and support staff as may be appointed by the Office under this Act. - 38 Verify source ↗
Provision
AI-assisted research summary: Allows secondment of public officers into and out of the Office, with terms agreed in consultation with the Public Service Commission or the receiving agency; seconded officers are treated as officers of the Office and subject to the Director's direction during secondment.
Section 38. Secondment of staff Section 38(1) A public officer may be seconded to the Office as the Office may, in consultation with the Public Service Commission, determine, for specific periods of time and on such terms and conditions as may be agreed upon between the Office and the Public Service Commission. Section 38(2) The Office may, upon request, second any officer of the Office to any requesting agency, organization or institution on such terms and conditions as the Office in consultation with the agency to which the person is being seconded to agree upon. Section 38(3) A public officer seconded to the Office shall, during the period of secondment, be considered an officer of the Office and shall be subject only to the direction and control of the Director. - 39 Verify source ↗
Provision
AI-assisted research summary: The Office must, within one year from the Act coming into effect, issue and maintain a code of conduct; breach of that code is treated as officer misconduct and punishable equally to breaching a provision of the Act.
Section 39. Code of conduct Section 39(1) The Office shall within one year from the date of coming into effect of this Act issue and maintain a code of conduct to regulate the conduct of persons subject to this Act. Section 39(2) A breach of the code of conduct referred to under subsection (1) shall be treated as misconduct by an officer and punishable with equal measure as a breach of a provision under this Act.
Part V
FINANCIAL PROVISIONS
- 40 Verify source ↗
FINANCIAL PROVISIONS - 40. Funds of the Office
AI-assisted research summary: Parliament must allocate adequate funds to the Office; the Office must not accept conditioned grants and must disclose grants annually; the Director is charged with accounting for State monies.
Section 40. Funds of the Office Section 40(1) Parliament shall allocate adequate funds to the Office to enable the Office perform its functions under the Constitution, this Act and any other written law and the budget shall be a separate vote in accordance with Article 249(3) of the Constitution. Section 40(2)(a) monies provided for by Parliament for the purposes of the Office; Section 40(2)(b) such monies or assets as may accrue to the Office in the course of the exercise of its powers or the performance of its functions under this Act; and Section 40(2)(c) all monies from any other source provided, donated or granted to the Office towards the achievement of the objects of the Office. Section 40(3) The Office shall not accept any grant, gift, donation or bequests made on any condition that the Office performs any function or discharges any duty or obligation other than duties under the Constitution or this Act. Section 40(4) The Office shall disclose any grants, gifts, donations or bequests made to it in each financial year. Section 40(5) The Director, subject to the law, shall be charged with the responsibility of accounting for State monies received or paid out or on account of the Office. Section 40(6) The receipts, earnings or accruals of the funding and the balance of the funding at the close of each financial year, shall be paid into the Prosecutions fund established under section 45 . - 41 Verify source ↗
FINANCIAL PROVISIONS - 41. Bank accounts
AI-assisted research summary: The Office must open and maintain bank accounts necessary for exercising its functions.
Section 41. Bank accounts Section The Office shall open and maintain such bank accounts as are necessary for the exercise of the functions of the Office. - 42 Verify source ↗
FINANCIAL PROVISIONS - 42. Financial year
AI-assisted research summary: Defines "financial year" as the period beginning on the day the Act comes into effect and ending on the following thirtieth June; or
Section 42. Financial year Section the period beginning on the day the Act comes into effect and ending on the following thirtieth June; or - 43 Verify source ↗
FINANCIAL PROVISIONS - 43. Financial estimates
AI-assisted research summary: The Office must prepare, review and forward annual revenue and expenditure estimates to the National Assembly at least three months before each financial year; the Office must review estimates forwarded under subsections (1) and (2), may alter them, and must forward them to the National Assembly for approval.
Section 43. Financial estimates Section 43(1) At least three months before the commencement of each financial year, the Office shall cause to be prepared, reviewed and forwarded to the National Assembly estimates of the revenue and expenditure of the Office for that year for tabling and approval in the National Assembly. Section 43(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the Office; Section 43(2)(b) the payment of pensions, gratuities and other charges and in respect of benefits which are payable out of the funds of the Office; Section 43(2)(c) the maintenance of the buildings and grounds of the Office; Section 43(2)(d) the funding of training, research and development of activities of the Office; Section 43(2)(e) the creation of such funds to meet future or contingent liabilities in respect of benefits, insurance or replacement of buildings or installations, equipment and in respect of such other matters as the Office may think fit. Section 43(3) The annual estimates shall make provision for all estimated expenditure of the Office for the financial year to which they relate, including a reserve fund to provide for contingency in the event of an unforeseen increase in expenditure and other emergencies not contemplated at the time of making the estimates. Section 43(4) The Office shall review the estimates forwarded under subsection (1) and (2) and may make such alterations thereto as it may consider necessary, and shall forward to the National Assembly for approval. Section 43(5) Upon approval of the estimates by the National Assembly, all monies from time to time required for the purposes of this Act shall be paid from the Consolidated Fund into the Office’s Bank Account. - 44 Verify source ↗
FINANCIAL PROVISIONS - 44. Accounts and audit
AI-assisted research summary: The Office must cause to be kept proper books and records of account for its income, expenditure, assets and liabilities.
Section 44. Accounts and audit Section 44(1) The Office shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Office. Section 44(2)(a) statement of the income and expenditure of the Office during that year; and Section 44(2)(b) statement of the assets and liabilities of the Office on the last day of that financial year. Section 44(3) The annual accounts of the Office shall be prepared, audited and reported upon in accordance with the provisions of the Constitution and the Public Audit Act. Section 44(4) For avoidance of doubt, laws and regulations relating to Public Financial Management shall apply to the operations of the Fund. - 45 Verify source ↗
FINANCIAL PROVISIONS - 45. Prosecutions Fund
AI-assisted research summary: Section 45 establishes the Prosecutions Fund, lists its permitted uses (enhancing the Office's operational capacity; welfare of the Office personnel; any activity approved by the Office), identifies sources of money (allocations by the National Assembly; grants and donations; other sources as approved by the Director), and requires the Fund to be administered and managed in accordance with public finance law.
Section 45. Prosecutions Fund Section 45(1)(a) enhancement of the operational capacity of the Office; Section 45(1)(b) the welfare of the personnel of the Office; and Section 45(1)(c) any activity approved by the Office. Section 45(2)(a) allocations by National Assembly; Section 45(2)(b) grants and donations; Section 45(2)(c) any other source as may be approved from time to time by the Director. Section 45(3) The Prosecutions Fund shall be administered and managed in accordance with the law regulating matters of public finance.
Part VI
MISCELLANEOUS
- 46 Verify source ↗
MISCELLANEOUS - 46. Prejudicial disclosure
AI-assisted research summary: The Director must provide written reasons, on request, for withholding information withheld under subsection (1); withholding must be reasonable and justifiable, and subsection (1) lists grounds (prejudicial to investigation or prosecution, risk to life or other severe prejudice).
Section 46. Prejudicial disclosure Section 46(1)(a) be prejudicial to an investigation; Section 46(1)(b) be prejudicial to prosecution; Section 46(1)(c) place human life or safety of a person at risk; or Section 46(1)(d) cause some other form of severe prejudice to any person, Section 46(2) The withholding of any information or material under subsection (1) shall be reasonable and justifiable in an open and democratic society. Section 46(3) The Director shall, upon request and in writing, provide reasons for withholding the information or material referred to under subsection (1). - 47 Verify source ↗
MISCELLANEOUS - 47. Judicial notice
AI-assisted research summary: Recognises the official signature of a person who is or has been the Director or Deputy Director.
Section 47. Judicial notice Section the official signature of a person who is or has been the Director or Deputy Director; - 48 Verify source ↗
MISCELLANEOUS - 48. The common seal of the Office
AI-assisted research summary: The Director may determine the device of the Office's common seal; the Director shall direct its custody and must order its use.
Section 48. The common seal of the Office Section 48(1) The common seal of the Office shall be such device as may be determined by the Director. Section 48(2) The common seal of the Office shall be kept in such custody as the Director shall direct and shall not be used except on the order of the Director. Section 48(3) The common seal of the Office when affixed to a document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Office under this section shall be presumed to have been duly given. - 49 Verify source ↗
MISCELLANEOUS - 49. Social security scheme
AI-assisted research summary: The Office must, with the approval of the Cabinet Secretary responsible for finance, establish a suitable social security scheme for the staff of the Office.
Section 49. Social security scheme Section The Office shall, with the approval of the Cabinet Secretary responsible for finance, establish a suitable social security scheme for the staff of the Office. - 50 Verify source ↗
MISCELLANEOUS - 50. Regulations
AI-assisted research summary: The Director may make regulations to carry out this Act and may, after consultation with the Inspector‑General and other investigative agencies, issue guidelines on cooperation in investigations; the regulations may cover listed procedural and prosecutorial matters.
Section 50. Regulations Section 50(1) The Director may make regulations generally for the better carrying out of the provisions of this Act. Section 50(2)(a) the procedure for cooperation with the relevant investigative agencies; Section 50(2)(b) guidance and regulation in the submission of information and carrying out of investigations; Section 50(2)(c) specification of cases or classes of cases to be handled by prosecution counsel or prosecution assistants; Section 50(2)(d) classification of and prosecution of specified offences or class of offences; and Section 50(2)(e) conditions to be complied with in prosecuting. Section 50(3) The Director may by regulation upon consultation with the Inspector-General and other investigative agencies, issue guidelines on cooperation and collaboration in the investigation of crimes. - 51 Verify source ↗
MISCELLANEOUS - 51. National Prosecution Service Convention
AI-assisted research summary: Section 51 allows the Director to convene an annual National Prosecution Service Convention; the convention must meet to discuss strategic prosecution issues and must publish an annual public report.
Section 51. National Prosecution Service Convention Section 51(1) The Director may direct the convening of an annual National Prosecution Service Convention. Section 51(2) The convention shall meet and discuss strategic issues involved in Prosecution for the purposes of improving the standards of prosecution and service delivery. Section 51(3) The convention shall publish an annual public report. Section 51(4) The expenses to be incurred in convening the convention shall be defrayed from the funds of the Office. - 52 Verify source ↗
MISCELLANEOUS - 52. Inspection of the Prosecution Operations
AI-assisted research summary: The Director may constitute a team of inspectors and issue guidelines on inspection of prosecution operations within the Republic.
Section 52. Inspection of the Prosecution Operations Section The Director may constitute a team of inspectors and issue guidelines on inspection of prosecution operations within the Republic. - 53 Verify source ↗
MISCELLANEOUS - 53. Reports
AI-assisted research summary: The Director must issue guidelines on filing periodic reports by prosecution counsel in charge of the Counties.
Section 53. Reports Section The Director shall issue guidelines on the filing of periodic reports by prosecution counsel in charge of the Counties. - 54 Verify source ↗
MISCELLANEOUS - 54. Disclosure of interest
AI-assisted research summary: Members present at Office or committee meetings must declare any private interest where a staff member or spouse is interested, as soon as practicable after the meeting starts; failure is an offence with fines or imprisonment.
Section 54. Disclosure of interest Section 54(1) If a member or any person is present at a meeting of the Office or any committee of the Office at which any matter is the subject of consideration and in which matter a member of staff of the Office or the member’s spouse is directly or indirectly interested, in a private capacity, the member shall, as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Director or the committee otherwise directs. Section 54(2) A declaration of interest made under this paragraph shall be recorded. Section 54(3) Any person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding Kenya Shillings one hundred thousand or to imprisonment for a period not exceeding one year, or to both. - 55 Verify source ↗
MISCELLANEOUS - 55. Prohibition of disclosure of information to unauthorised persons
AI-assisted research summary: Persons must not disclose documents or information obtained in the course of their duties under this Act without the Director's written consent.
Section 55. Prohibition of disclosure of information to unauthorised persons Section 55(1) Subject to the Constitution, a person shall not, without the consent in writing given by, or on behalf of, the Director, publish or disclose to any person otherwise than in the course of duties, the contents of any document, communication or information which relates to, and which has come to that person’s knowledge in the course of that person’s duties under this Act. Section 55(2) Any person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding Kenya Shillings two hundred thousand or to imprisonment for a period not exceeding two years, or to both. Section 55(3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of subsection (1), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, upon conviction, to a fine not exceeding Kenya Shillings two hundred thousand or to imprisonment for a period not exceeding two years, or to both. - 56 Verify source ↗
MISCELLANEOUS - 56. Offences
AI-assisted research summary: Section 56 creates several offences: (1)(a)-(c) prohibit false representation as staff, undue influence, and being an accomplice to evasion; (2)-(5) set offences by officers or persons with specified fines or imprisonment.
Section 56. Offences Section 56(1)(a) not being the Director or other member of staff of the Office, by words, conduct or demeanour falsely represents himself to be the Director or other member of staff of the Office; Section 56(1)(b) exercises or attempts to exercise undue influence over the Director, or other member of staff of the Office which is calculated to prevent the Director or other officer or member of staff from carrying out his duties or encouraging him or her to perform any act which is in conflict with his duties; or Section 56(1)(c) is an accomplice to the commission of any act whereby any lawful order given to any member of staff or any regulation or directive or other rule may be evaded, Section 56(2) An officer who wilfully refuses or neglects to comply with the directives issued under section 32 of this Act commits an offence and shall be liable upon conviction for imprisonment for a term not exceeding six months or to a fine not exceeding two hundred thousand shillings, or to both. Section 56(3) An officer who wilfully refuses, obstructs or denies the Director or a prosecution counsel access to places where arrested, detained or convicted persons are held, commits an offence and is liable upon conviction, to a fine of one hundred thousand shillings or imprisonment for a term not exceeding six months, or to both. Section 56(4) An officer who wilfully fails or neglects to comply with a directive issued under this Act commits an offence and shall be liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding one year, or to both. Section 56(5) Any person who, without prior written authority of the Director, in connection with any activity carried out by him or her takes, assumes, uses or in any manner publishes any name, description, title or symbol indicating or conveying or purporting to indicate or convey or which is calculated or is likely to lead other persons to believe or infer that such activity is carried on under or by virtue of the provisions of this Act or under the patronage of the Office; commits an offence and shall be liable on conviction to a fine of two hundred thousand shillings or imprisonment for a term not exceeding three years, or to both.
Part VII
SAVINGS, TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
- 57 Verify source ↗
SAVINGS, TRANSITIONAL AND CONSEQUENTIAL PROVISIONS - 57. Savings
AI-assisted research summary: Section 57 preserves application of the Act to proceedings begun before commencement, deems certain acts and documents to be by the Office, requires Public Prosecutors to cease upon notice by the Director, protects prior authorities/consents, makes the Act supreme over inconsistent laws on criminal enforcement, and preserves continuity of service for an officer appointed Director for leave and pension purposes.
Section 57. Savings Section 57(1) The application of this Act to offences, prosecutions, appeals, revisions and any other proceedings extends to offences committed and prosecutions, appeals, revision and any other proceedings brought or commenced before the commencement of this Act. Section 57(2)(a) all acts, matters and things lawfully made or done by or on behalf of or in the name of the Republic in relation to criminal proceedings shall be deemed to have been made or done by or on behalf of or in the name of the Office; Section 57(2)(b) all documents served on or by or on behalf of or in the name of any other person in connection with criminal proceedings shall be deemed to have been served on or by or on behalf of the Office; and Section 57(2)(c) all Public Prosecutors appointed under the Criminal Procedure Code (Cap. 75) or whose appointments were done pursuant to operation of any other law shall upon a notice to be issued by the Director under this Act cease to be Public Prosecutors. Section 57(3) Notwithstanding the provisions of subsections (1) and (2) of this section, the operation of an authority, sanction or consent given before the commencement of this Act by the Attorney-General, Director, or any other person so empowered, to commence proceedings in relation to an offence shall not be abated or affected thereby. Section 57(4) This Act shall have the force of law throughout Kenya and shall in so far as the same is not inconsistent with the Constitution of Kenya, supersede any other law in force in Kenya in so far as that other law makes provisions regarding investigation, prosecution and any other matter relating to the enforcement of criminal law in Kenya. Section 57(5) If an officer or employee in the Office, or public service is appointed as the Director of Public Prosecutions, the period of his or her service as Director of Public Prosecutions shall be reckoned as part of and continuous with his or her employment in the public service, for purposes of leave, pension and any other conditions of service and the provisions of any pension law applicable to him or her as such officer or employee or, in the event of his or her death, to his or her dependants and which are not inconsistent with this section, shall, with the necessary changes continue to so apply. - 58 Verify source ↗
SAVINGS, TRANSITIONAL AND CONSEQUENTIAL PROVISIONS - 58. Preservation of rights of staff of the Office
AI-assisted research summary: Upon the coming into effect of this Act be deemed to be a member of staff of the Office;
Section 58. Preservation of rights of staff of the Office Section upon the coming into effect of this Act be deemed to be a member of staff of the Office;
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