Office of the Director of Public Prosecution (ODPP) has opposed a legislative proposal that seeks to strip it of powers to appoint public prosecutors.
The bid seeks to have the powers vested in the Directorate of Criminal Investigations (DCI).
Yesterday, ODPP said the proposed amendment risks taking away the independence of the prosecutorial framework.
In a tweet, the office said that ODPP and DCI have distinct roles of prosecution and investigation respectively.
The office, headed by Noordin Haji, said it has never sought to be handed investigative powers since they are rightly under the Directorate of Criminal Investigations.
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“The ODPP believes that separation of prosecution and investigation powers provides checks and balances in the system and enables accountability of decision making. It is for this reason, the ODPP has never sought to be equipped with investigative powers,” said ODPP in a tweet.
“Any attempt to amend laws to take away the independence of the prosecutorial framework should be opposed for its unconstitutionality,” the office added.
The ODPP further assured of its commitment to work with all actors in the criminal justice system.
The office made the remarks even as it emerged yesterday that Alego Usonga MP Samuel Atandi had written to National Assembly Speaker Justin Muturi seeking to withdraw the proposal.
“Reference is made to my letter dated September 29, 2021 to your office on a proposal to amend the ODPP Act, 2013, I hereby write to withdraw the proposed legislation to allow further consultation,” states the letter dated October 7.
The proposal says ODPP has lost many cases due to lack of competent prosecutors in certain technical areas.
