REPUBLIC OF KENYA

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

PRESENTATION OF THE FINANCIAL YEAR 2014/15 BUDGET ESTIMATES
TO
THE NATIONAL ASSEMBLY DEPARTMENTAL COMMITTEE
ON JUSTICE AND LEGAL AFFAIRS
BY
KERIAKO TOBIKO, CBS, SC
DIRECTOR OF PUBLIC PROSECUTIONS
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SECTION I: INTRODUCTION
1.0 B!"#$%&'(
M$. C)*$+',
The O,,*!- D*$-!.%$ %, P&/0*! P$%1-!&.*%'1 2ODPP3 exercises state powers of
prosecution as provided under A$.*!0-1 154 and 158 of the Constitution.
The O,,*!- D*$-!.%$ %, P&/0*! P$%1-!&.*%'1 A!. 2N%. 2 %, 20153 was enacted to elaborate
on the of the prosecution mandate. The Constitution and the ODPP Act provide the powers
functions accountabilit! and reportin" mechanisms for the Office.
1.1 6*1*%', M*11*%' 7 C%$- 60&-1
To define our strate"ic focus the ODPP developed the S.$.-#*! P0' 20118
2015which spells out our 6*1*%' M*11*%' C%$- 60&-1 and S.$.-#*! G%01 and
Ob#ectives.
The $ision of the Office is%
&An independent prosecution Authority providing efficient, effective, fair
and just prosecution service for the people of Kenya'.
The (ission on the other hand is%
To serve the public by providing quality, impartial and timely
prosecution services anchored on the values and principles enshrined in
the Constitution.
The Core $alues espoused b! the ODPP are%
I+9$.*0*.: '( F*$'-11;
R-19-!. '( P$%+%.*%' %, H&+' R*#).1;
.)- R&0- %, L<;
I'.-#$*.: '( E.)*!1;
P$%,-11*%'0*1+;
C%&$.-1: '( R-19-!., '( T-+<%$".
1.2 S.$.-#*! #%01 '( O/=-!.*>-1
At the heart of the ODPP)s strate"ic focus is the understandin" that improved performance
is reali*ed throu"h conscious adherence to our vision mission and strate"ic "oals and
ob#ectives. Timel! reportin" of results is also vital.
+n the FY: 2015/2014 the Office set out to achieve the followin" strate"ic ob#ectives,
i. -nhance access to #ustice%
ii. -nhance institutional reform and restructurin"%
2 | P a g e
iii. Professionali*e prosecution services.
iv. Automate and moderni*e of ODPP processes and procedures.
v. .tren"then and promote inter and intra/a"enc! co/operation 0 collaboration.
vi. Contribute to stren"thenin" le"islative and polic! framewor1.
vii. .tren"then the facilitation of witnesses and assistance to victims of offences.
SECTION II: ACHIE6EMENTS IN THE FY 2015/14
2.1 Throu"h the utili*ation of resources allocated in the 23, 4516/4517 the Office made
si"nificant achievements in the reali*ation of its .trate"ic Ob#ectives. These achievements
were in terms of the settin" up and transformation of the ODPP. +n particular the
achievements are as set out below,/
A. E')'!-+-'. %, A!!-11 .% J&1.*!-.
i. D-!-'.$0*?.*%' %, P$%1-!&.*%' S-$>*!-1, Decentrali*ation of .tate services is
constitutionall! re8uired and is prioriti*ed both in 9en!a)s developmental blueprint
and ODPP)s .trate"ic Plan. Decentrali*ation of ODPP services is contributin" to
deepenin" the rule of law in our Countr!.
Durin" the FY: 201582014 ODPP opened 12 new Count! Offices brin"in" its national
presence to 42 Counties or @A.4B national covera"e. The newl! opened Count!
Offices are in the followin" Counties,/
B$*'#%
S+/&$&
6*)*#
M*#%$*
N:+*$
S*:
N'(*
K<0-
M"&-'*
C-1. P%"%.
K*.&*
T)$" N*.)*

Plans are at an advanced sta"e to open the remainin" 5 Count! Offices namel!% Lamu
Mandera, Tana River, lgeyo!Mara"#et and Lai"ipia b! the end of :une 4517.
ii. I',$1.$&!.&$0 $->+9*'# %, -D*1.*'# C%&'.: %,,*!-1, The Office also mana"ed
durin" the said period to procure E vehicles for Count! Offices and undertoo1
refurbishment of the followin" existin" offices,/
H-(8O,,*!- 2N*$%/*3
6%*
K=*(%
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N$%"
N:-$*
M%+/1
M!)"%1
H%+ B:
E+/&
B&'#%+
iii. E1./0*1)+-'. %, ' I'.-#$.-( P&/0*! C%+90*'.1 H'(0*'# M-!)'*1+, The
Office now has a dedicated Complaints and Compliments .ection which is testin" an
Automated Public Complaints (ana"ement .!stem. +n future this s!stem will be
inte"rated with similar s!stems used or bein" developed b! the :udiciar!
Commission on Administrative :ustice 9en!a ;ational Commission on <uman
=i"hts and the ;ational Police .ervice.
Our Public Complaints .ection is wor1in" closel! with the :udiciar! Ombudsman%
+POA% CA: 0 the Police +nternal Affairs >nit.
T)*1 FY :-$, .)- S-!.*%' )1 1% ,$ $-!-*>-( '( .*+-%&10: 9$%!-11-( 115A
9&/0*! !%+90*'.1 !%+9$*1*'# /%.) <0"8*' '( <$*..-' !%+90*'.1.
B. E')'!-+-'. %, I'1.*.&.*%'0 C9!*.:.
i. R-!$&*.+-'. %, S.,,,
+n the Current 23 4516?17 100 prosecution counsel and 155 non/le"al were
recruited.
;otabl! the Office recruited the $ecretary, %ublic %rosecutions @.PPA and 2
&eputy &irectors @DDPPsA to address the leadership and mana"ement "aps in the
ODPP.
Additionall! 5A4 vacancies for prosecution counsel and 41 vacancies for non/le"al
staff have been advertised and the recruitment process is on/"oin".
ii. O9-$.*%'0*?.*%' %, .)- O$#'*?.*%'0 S.$&!.&$-, The Office developed the
Architecture Desi"n and Or"anisational .tructure of the ODPP which is in line with
the new Constitution and the devolved structure of Bovernment.
+n order to enhance speciali*ation effectiveness and efficienc! in our operations the
Office was re/or"ani*ed into four @5 .-!)'*!0 '( 1 ,!*0*..*>-A thematic
Directorates each headed b! a D-9&.: D*$-!.%$, The thematic directorates are
further re/or"ani*ed into speciali*ed Divisions .ections 0 >nits includin"%
The ;arcotics C!bercrimes 0 (one!/Caunderin" Division.
The Counter/Terrorism Division%
The +nternational Crimes Division
The (aritime Pirac! Division
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The .BD$ .ection
The Eildlife Crimes >nit%
The <uman Traffic1in" >nit
The Anti/2B( >nit
iii. D->-0%9+-'. %, I'.-$'0 9%0*!: (%!&+-'.1: The Office developed launched and
operationali*ed the followin" internal polic! documents,/
C$--$ 9$%#$-11*%' #&*(-0*'-1
H&+' R-1%&$!- M'&0
C%++&'*!.*%' S.$.-#:
F*''!- M'#-+-'. M'&0
C. P$%,-11*%'0*?.*%' %, 9$%1-!&.*%' 1-$>*!-1.
*. C1-0%(: Durin" the first two 8uarters of the current 23 4516/4517 the ODPP
prosecuted E544 Criminal Trials 5044 Appeals and 114A Applications. The Office
also handled 1E@2 of Advice files to various +nvesti"ative A"encies and processed 5@
of (utual Ce"al Assistance =e8uests and -xtraditions and 115A public complaints.
+n the first two !ears since inception the ODPP achieved an overall conviction rate of
45.4B for all criminal trials concluded.
**. D->-0%9+-'. '( R->*-< %, P$%1-!&.*%' P%0*!: F$+-<%$", To provide a sound
polic! framewor1 for prosecutions that is in line with the Constitution the Office also
reviewed the ;ational Prosecution Polic! and Code of -thics and Conduct for
Prosecutors.
(oreover the Office developed Beneral Prosecution Buidelines and thematic
prosecution "uidelines for various t!pes of offences includin" .exual and Bender/
based $iolence and -conomic Crimes cases.
***. F&0*.: A11&$'!- %, P$%1-!&.*%'1, +n a bid to improve the 8ualit! of cases
prosecuted the Office has initiated a pilot pro#ects in N*$%/*, M%+/1, K*1** and
M-$& Counties to control char"in" decisions before plea/ta1in" throu"h screenin" of
new and existin" cases b! prosecution counsel.
This is in line with S-!.*%' 25 of the ODPP Act which provides a statutor! framewor1
for the control of the decision to char"e.
*>. C%'.$%0 %, (-0-#.-( 9$%1-!&.*%'1
The Office has also moved to re"ulate dele"ated prosecutions b! settin" up a
database on all a"encies exercisin" dele"ated prosecutorial powers and their
prosecutors. The Office has so far "a*etted 254 prosecutors from 15 and now
re8uires that a"encies with dele"ated powers of prosecutions must file
comprehensive monthl! and 8uarterl! returns with the Office. A uniform Trainin"
Curriculum for these prosecutors is bein" developed.
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>. T"*'# O>-$ P$%1-!&.*%'1 *' .)- M#*1.$!:, +n what is historicall! unprecedented
in 9en!a)s le"al histor! Prosecution Counsel were deplo!ed this !ear to serve in
(a"istrates) Court stations across the countr! i.e. in N*$%/* B$*'#% S+/&$&
6*)*# M*#%$*, N:+*$ S*: N'(* K<0- M"&-'* C-1. P%"%. K*.&*
T)$" N*.)* C=*$ L%(<$ N$%" K=*(% 6%* M$1/*. B%+-. H%+/:
K-$&#%: M&$'#G I1*%0% N:)&$&$& T)*" M-$& E+/&, M!)"%s M0*'(*
N:-$* M-$& K"+-# B&1* B&'#%+ E0(%$-. K*.0- K*1**, K*1&+&
K-$*!)% G$*111 and N"&$& Counties.
+ am confident that this will result in increased professionalism in prosecution of
cases in the lower courts.
>*. T$*'*'# '( F!*0*..*%' %, P%0*!- P$%1-!&.%$1, The Office facilitated Police
prosecutors in all (a"istrates Court stations b! providin",/
-8uipment, 176 computers 176 Printers.
Prosecution Allowance totallin" 9shs 78 million.
Ee have also or"anised trainin" courses for a number of Police Prosecutors.
*>. P$%1-!&.*%'8G&*(-( I'>-1.*#.*%' M%(-0: To improve the 8ualit! of investi"ations
which has a direct impact on prosecutions the Office has increasin"l! emplo!ed the
prosecution/"uided investi"ation model which is an international best practice. This is
pursuant to the powers of the Director of Public Prosecutions as provided in S-!.*%'
5 253 of the ODPP Act.
This has been used particularl! in ma#or and complex cases such as the +-DC Case%
the Aboud =o"o case% Eest"ate (all Attac1 Case% Dusia Ban" =ape Case% :9+A
2ire Tas1force% Alexander (onson Case% and in Eildlife Crime cases amon" others.
D. P$%,-11*%'0 S"*001 D->-0%9+-'., The ODPP continues to be dedicated to staff
professional s1ills improvement and pro"ression throu"h trainin". The ODPP has
trained 54@ staff in the different cate"ories as shown below.

INDI6IDUAL TRAINING NO OF OFFICERS
TRAINING PROGRAME
1
(asters 5
2
>nder"raduate 7
3
<i"her Diploma 1
4
Diploma 7
5
Certificate F
T%.0 20

GROUP TRAINING
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TRAINING PROGRAME NO OF OFFICERS
1
Trial Advocac! G5
4
Counter Terrorism 65
6
Eildlife Crimes 65
7
+nternational Crimes 41
5
C!ber Crime 15
F
.BD$ F5
G
<uman Traffic1in" 65
8
+nduction 1FG
H
Computer Applications G
15
customer care 46
11
2raud +nvesti"ation 0 Prevention 5
14
-lectronic =ecords (ana"ement 7
16
+nternational +nstitute of Certified
2orensic +nvesti"ation Professionals
@++C2+PA Blobal forensic Conference
5
17
=ecords (ana"ement 5
15
=efresher course for drivers H
1F
.CDP 44?15/ 4H?11?4516 14
1G
.enior (ana"ement Course F
18
.upervisor! s1ills 5
1H
Tailor made course for <eads of
departments 6?4/ G?4?4517
41
45
Trial Advocac! I electronic evidence
and financial anal!sis
6

T%.0
528
The ODPP continues to ensure an inter/a"enc! approach in most of its trainin"
pro"rammes.
E. S.,, C-0,$-, The Office developed and submitted to .alaries and =emuneration
Commission @.=CA proposals for improved Terms and Conditions of .ervice for
ODPP .taff.
Pendin" completion of the on/"oin" #ob evaluation exercise .=C has approved a
9$%1-!&.%$*0 00%<'!-% .)- 9$%>*1*%' %, G$%&9 L*,- I'1&$'!- C%>-$% G$%&9
P-$1%'0 A!!*(-'. C%>-$% and C%'.$*/&.%$: P-'1*%' S!)-+- ,%$ ODPP S.,,.
7 | P a g e
.=C is also considerin" our proposal for a C%+9$-)-'1*>- M-(*!0 S!)-+- for
ODPP .taff.
F. A&.%+.*%' 7 M%(-$'*?.*%' %, ODPP 9$%!-11-1 '( 9$%!-(&$-1, As a strate"ic
ob#ective the ODPP see1s to harness +CT in order to ensure efficienc! in its
processes and procedures. To this end the Office developed an +CT .trate"!
2ramewor1 to "uide it on how to levera"e on +CT.
Additionall! the Office has initiated a three/phased A&.%+.-( '( I'.-#$.-(
C1- M'#-+-'. S:1.-+ development pro#ect. .o far the Office has completed
phase one that is an &A18I1 +99*'# '( '0:1*1 %, .)- -D*1.*'# !1-
+'#-+-'. 9$%!-11-1 '( 9$%!-(&$-1'.
2urthermore the Office has continued to underta1e networ1in" of its offices across
the countr!.
G. P$%+%.*%' %, I'.-$8A#-'!: C%00/%$.*%', The ODPP reco"ni*es the need for
enhanced collaboration across the criminal #ustice s!stem I from law enforcement to
our Prosecutors the :udiciar! and the correctional services.
Towards this end the Office has activel! participated in the ;ational Council of
Administration of :ustice @;CA:A Court >sers Committees @C>CsA +nter/A"enc!
trainin"s on 1e! criminal #ustice issues and forums on improvement of access to
#ustice.
The Office also participated in various inter/a"enc! tas1forces and committees on
various issues in the :ustice .ector includin" .entencin" Polic! Development Anti/
Dopin" Polic! and Ce"islation =eview of the Eildlife Conservation and (ana"ement
Act Dail and +nformation and the :9+A fire tas1force amon" others.
H. C%'.$*/&.*%' *' 0-#*10.*>- '( 9%0*!: $-,%$+1: The ODPP has spearheaded the
=eview of the ;ational Prosecution Polic! and the Code of Conduct and -thics for
Prosecutors. Ee have also been involved in the development of le"islations such as,
C!ber/Crime Dill $ictims of Offences Dill the .entencin" Polic! Eildlife
Conservation and (ana"ement and Anti/Dopin" Polic! and Dill. The Office has also
developed Plea/Dar"ainin" Buideline and =ules awaitin" publication.
I. I'.-$'.*%'0 C%%9-$.*%': ODPP has a full!/fled"ed (utual Ce"al Assistance and
-xtradition Division which handles cross/border crimes and international le"al
cooperation.
Also at international level the office participated in the 14
th
Assembl! of .tate Parties
to the =ome .tatute and the G
th
Conference of the .tates Parties to the >nited
;ations Convention a"ainst Corruption.
The ODPP has also been active in various re"ional and international forums
includin" the -ast African Association of Prosecutors Africa Prosecutors)
8 | P a g e
Association +nternational Association of Prosecutors and the Commonwealth
.ecretariat.
J. C*.'-11/6*!.*+1 S&99%$.: 2acilitation and support of Eitnesses and $ictims of
Crime is critical in ensurin" an effective :ustice s!stem.
+n reco"nition of this the ODPP durin" the financial !ear has set up an operational
Children Eitness and $ictim .upport Division. The Office has also set up pre/trial
chambers in its various Offices. The Office collaborates with the Eitness Protection
A"enc! in ensurin" witness protection. +t is also developin" a witnesses and victims)
support polic! a :uvenile :ustice Polic! and wor1in" out modalities for the roll/out of
a national pre/trial witness and victims) facilitation pro"ramme.
K. S-!%'( A''&0 N.*%'0 P$%1-!&.*%' S-$>*!- C%'>-'.*%': The Office
successfull! held the second Annual Prosecution .ervice Convention as provided for
under the ODPP Act. This served as a forum for the or"ani*ation to appraise itself
on its performance "enerall! and an opportunit! for team buildin" amon" the staff.
SECTION III 8 CHALLENGES
5.1 Ci1e all other newl! established institutions the ODPP has been and continues to be
faced with a number of challen"es. Despite re"isterin" noteworth! pro"ress in improvement
of service deliver!% the Office continues to face a number of challen"es which include,
*3 U'(-$1.,,*'#
ODPP is currentl! operatin" at a 45.5B of the optimal staff establishment. The current in/
post of le"al staff is 2E5 a"ainst an optimal re8uirement of A24 which translates to 22@.5B3,
while that of the non le"al .taff is currentl! 554 a"ainst an optimal of 540 which translates to
A1B of the optimal establishment. This situation ne"ativel! impacts on the ODPP)s
effectiveness and efficienc!.
To address this shortfall the Office is currentl! underta1in" massive recruitment of
Prosecution counsel to match the on/"oin" expansion of the :udiciar!. There is however a
challen"e in fillin" all the vacancies due to inade8uate competitiveness of the Office in the
#ob mar1et.
*.3 ED!-11*>- C1- L%(
Due to the acute shorta"e of staff at the ODPP and the hu"e bac1lo" of cases in court
Prosecution Counsels have had to deal with excessive case and wor1loads.
There is therefore need to move with speed to fill the approved establishment in order to
clear the bac1lo" of cases.
**.3 U'..$!.*>- .-$+1 '( !%'(*.*%'1 %, 1-$>*!-
ODPP)s abilit! to attract and retain staff has been constrained due to unattractive
remuneration pac1a"e offered to the staff compared to that of complementar! institutions
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and a"encies. Discussions have alread! been held with the .alaries and =emuneration
Commission and an amended proposal for improved terms submitted.

***.3 E+-$#-'!- %, '-< ,%$+1 %, !$*+-
;ew and emer"in" crimes such as mone! launderin" dru" and human traffic1in" c!ber
crime terrorism wildlife crimes and maritime pirac! re8uire speciali*ed prosecution s1ills
which call for continuous trainin" and s1ills development.
*>.3 C9!*.: !%'1.$*'.1 <*.)*' %.)-$ !$*+*'0 =&1.*!- #-'!*-1.
The criminal #ustice is a chain and is onl! as stron" as its wea1est lin1. A number of the
other 1e! a"encies within the #ustice s!stem such as the ;ational Police .ervice and the
Bovernment Chemist suffer acute capacit! constraints which inevitabl! affect the efficient
deliver! of services b! the entire s!stem.
2or instance in the area of investi"ation of crime the lac1 of a modern ;ational 2orensic
Crime Cab and forensic investi"ation s1ills have "reatl! hampered the abilit! of the police to
investi"ate complex and emer"in" crimes.
>.3 B&(#-.$: C%'1.$*'.1
The ODPP suffers acute financial constraints due to inade8uate bud"etar! allocation. This
no doubt has "reat implications on the expectations of establishin" a new office such as the
ODPP. An anal!sis of resource allocations to ODPP versus re8uirements is from the
23 4511?14 to the 23 4517?15 is shown in fi"ure 1 below,
F*# 1.: A!.&0 00%!.*%' >1. R-H&*$-+-'.
2rom fi"ure above ODPP has received total allocations amountin" to K1)1 5.544
/*00*%' for the period 4511?14 to 4517?15 a"ainst total re8uirements of K1)1 14.50
/*00*%' re8uired to implement the prioriti*ed "oals contained in the ODPP .trate"ic
Plan. This represents 50.45B of the re8uired fundin" for the period.
There is therefore ur"ent need to enhance fundin" for a successful implementation
of the plan to be achieved.
10 | P a g e
>*.3 I'(-H&.- %,,*!- !!%+%(.*%', -H&*9+-'. '( ,!*0*.*-1
ODPP continues to enhance its staffin" capacit! throu"h recruitment. There is therefore a
need to ac8uire more office space and e8uip them appropriatel!.
>**.3 L*+*.-( &.%+.*%' %, 1-$>*!-1
The s!stems in the ODPP are b! and lar"e manual resultin" in cumbersome and len"th!
processes as well as dela! in the deliver! of services. An +CT strate"! framewor1 has
alread! been developed and re8uires fundin" to implement.
>***.3 I'(-H&.- 0< '( 9%0*!: ,$+-<%$"
.ome of the 1e! procedural evidentiar! and substantive criminal laws re8uire ur"ent review
and reforms to ensure prosecutors have the le"al arsenal that responds to the ever
emer"in" and complex forms of criminalit! as well as technolo"ical chan"es.
*D.3 I'(-H&.- 1.$&!.&$-( 9$%,-11*%'0 1"*001 (->-0%9+-'.
The ODPP)s trainin" of its staff has been ad/hoc rather than pro"rammatic. There is need
to institutionali*e a customi*ed and structured trainin" pro"ramme b! establishin" a
;ational Prosecution +nstitute.
SECTION I6: FINANCIAL YEAR 2014/15 BUDGETARY ALLOCATIONS
PRIORITIES 2014/15 FY
2.1 FY 2014/15 A00%!.*%'
ODPP submitted resource re8uirements amountin" to K1)1 4.425 /*00*%' to the
Bovernance :ustice Caw and Order .ector for the 2inancial 3ear 4517?15. The Office has
been allocated K1)1 1.@51 /*00*%' resultin" in a resource "ap of K1)1. 5.@44 /*00*%'.
R-!&$$-'. 6%.- '( D->-0%9+-'. 6%.-1
The allocation under the =ecurrent $ote is K1)11.452 /*00*%' a"ainst a re8uirement of
K1)1 5.A24 /*00*%' resultin" in a deficit of K1)1 2.1A5 /*00*%' while the allocation under the
Development $ote is K1)1 11A +*00*%' a"ainst a re8uirement of K1)1 5.4A@ /*00*%'
resultin" in a fundin" shortfall of K1)1 5.E4A /*00*%'.
The anal!sis of the allocations is shown in the table below,
6%.-
2014/15 R-1%&$!-
R-H&*$-+-'.1
K1)1 M*00*%'1
2014/15 P$*'.-(
E1.*+.-1
K1)1 +*00*%'1
S)%$.,00
K1)1 M*00*%'1
R-!&$$-'. 6H4G 1G64 @41H5A
D->-0%9+-'. 6GH8 11H @6FGHA
TOTAL 4,425 1,@51 25,@443
11 | P a g e
2.1.1 A'0:1*1 %, $-1%&$!- $-H&*$-+-'. '( 00%!.*%' /: !.*>*.:
The table below indicates overall resource allocation a"ainst the re8uirements for the
various activities. +t also shows main areas where the resources allocated will be applied.
T/0- 5.1.1 A00%!.*%' %, $-1%&$!-1 /: !.*>*.: '( 9$*%$*.:
EIPENDITURE ITEM DESCRIPTION
R-H&*$-+-'.
1 K1)1
M*00*%'1
A00%!.*%'
K1)1
M*00*%'1
A((*.*%'0
R-H&*$-+-'.
K1)1
+*00*%'1
1. C%+9-'1.*%' .% -+90%:--1
a. Personnel -moluments to cater for existin"
staff
1FGH.55 115H.55 5G5.55
b. Personnel -moluments to cater for
recruitment of Additional 40 Prosecution
Counsel =e8uired
15G.55 / 15G.55
c. Broup Personal Accident +nsurance 68.55 68.55 /
d. (edical -xpenses @authorit! awaited from the
.alaries and =emuneration CommissionA
68.H1 / 68.H1
T%.0 C%+9-'1.*%' .% -+90%:--1 1,@E5.41 1,144.00 41E.41
2. D-!-'.$0*?.*%' %, 9$%1-!&.*%' 1-$>*!-1
aA Procurement Office 2urniture and -8uipment to
cater for new offices and Police Prosecutors
4G1.57 7G.1G 447.6G
bA Beneral Office .upplies 651.F7 45H.1G H4.7F
cA 2uel Oil and Cubricants 7H.15 45.6G 48.G8
dA Office .pace 1H5.48 118.67 G1.H7
eA Procurement of (otor vehicles 5FF.85 / 5FF.85
fA Transport .ervices 471.
51

154.56
88
.H8
"A =efurbishment of ;on =esidential Duildin"s 1F4.55 56.55 158.55
T%.0 ,%$ D-!-'.$0*?.*%' %, 9$%1-!&.*%' 1-$>*!-1 1,4@2.A2 E01.0A 1,1@1.@5
5. O.)-$ P$*%$*.: $-1
aA Trainin" and capacit! development 115.55 4G.H1 84.5H
bA -stablishment of a Prosecutors Trainin" +nstitute 1FG.55 / 1FG.55
cA -stablishment of =esource centres in all count!
offices
614.55 15.55 654.55
dA Automation of ODPP operations 718.F5 66.75 685.45
eA Eitness and $ictims facilitation 641.55 41 655.55
fA Ac8uisition of a .tandalone buildin" for ODPP
<ead8uarters
G55.55 / G55.55
"A Construction of Count! offices 1755.55 64.75 171G.F5
hA (ort"a"e .cheme for staff .cheme for staff 555.55 / 555.55
iA Car Coan .cheme for staff 155.55 / 155.55
T%.0 ,%$ O.)-$ P$*%$*.*-1 4,04A.10 105.41 5,A45.5A
T%.0 R-H&*$-+-'. >-$1&1 A00%!.*%' 4,425.45 1,@51.@0 5,@45.E5
12 | P a g e
TOTAC ADD+T+O;AC =-J>+=-(-;T 4517?15 23 58G7
2.1.2 D*1##$-#.-( C%&'.:/D*1.$*!. B&(#-.
Durin" the 4517?15 financial !ear K1)1 A15.E +*00*%' has been allocated under the
=ecurrent $ote towards financin" implementation of activities in the Count! and Police
Prosecution offices. Of this amount K1)1 EE5.2 +*00*%' is to cater for Personnel
-moluments while K1)1 250.4 +*00*%' will be utilised for operations and maintenance.
The 1e! areas to be funded under operations and maintenance are as follows,
aA Communication supplies K1)1 25.2 +*00*%'
bA Domestic Travel K1)1 E4.@ +*00*%'
cA =ent K1)1 4@.E +*00*%'
dA Beneral office supplies K1)1 45 +*00*%'
eA 2uel K1)1 15.5 +*00*%'
A schedule of the proposed allocations to ODPP and Police prosecution offices is attached
as 99-'(*D ..... and .......... respectivel!.
>nder the Development vote K1)1 40.4 +*00*%' has been allocated and will be utili*ed as
follows,/
*3 K1)1 52.4 +*00*%' for construction of offices in Dusia ;aro1 and Ea#ir
**3 K1)1 20 +*00*%' for refurbishment of offices in (a1ueni 9itui Thara1a ;ithi
.amburu Darin"o and% -l"e!o (ara1wet 2S-- 99-'(*D .......3
***3 K1)1 1@ +*00*%' for networ1in" in the followin" offices, (eru <oma Da! (alindi
(uran")a 9irin!a"a 9isumu -ldoret 9ericho and $oi 2S-- 99-'(*D ...........3
2.2 C%+9$*1%' %, 2015/14 '( 2014/15 ,*''!*0 :-$ $-1%&$!-1 00%!.*%'
T/0- 2.5.1 FY 2015/14 '( 2014/15 A00%!.*%'1
2015/14 2014/15
A00%!.*%' *'
JK1)1
+*00*%'1G
R-H&-1.-( *'
JK1)1
+*00*%'1G
A00%!.*%' *'
.)- GJLO
S-!.%$
P$*'.-(
E1.*+.-1 *'
JK1)1 +*00*%'1G
D-,*!*. *'
JK1)1
+*00*%'1G
=ecurrent $ote 1F88 6H4G 18F7 1G64 41H5
Development vote 8G 6GH8 485 11H 6FGH
T%.0 1,445 4,425 2,144 1,@51 5,@44
2rom ./0- 2.5.1 above the total allocation for ODPP is pro#ected to increase from K1)1
1.445 /*00*%' in the 4516?17 23 to K1)1 1.@51 /*00*%' in the financial !ear 4517?15. This
represents a "rowth of K1)1 4E +*00*%' or 4.2@B. +t is imperative to note that the 23 4517/
4515 printed estimates are lower than the allocation in the B:CO sector b! K1)1 2A5
+*00*%'. 2S-- 99-'(*D ..........3
13 | P a g e
2.5 T$#-.1/ P0''-( A!.*>*.*-1 ,%$ 2014/15
Eith the above allocations ODPP tar"ets to underta1e the followin" pro"rammes and
activities in the 23 4517?15 as costed above,
1. D-!-'.$0*?.*%' %, P$%1-!&.*%' S-$>*!-1, D! the close of the current financial !ear
the ODPP will have a presence in all 44 Counties of the =epublic.
The next phase of decentrali*ation of ODPP services is movin" into sub/count! level
that is openin" Prosecution Offices in all areas with a (a"istrate Court .tation.
Currentl! there are 112 (a"istrate Court .tations. This will no doubt re8uire massive
outla! of funds in the comin" financial !ear and be!ond. 9e! areas which will re8uire
additional resources are %,,*!- 19!-, .%%0*'# '( -H&*99*'#, +%.%$8>-)*!0-1,
%,,*!- $-,&$/*1)+-'., '( ICT *',$1.$&!.&$-.
4. D-90%:+-'. %, P$%1-!&.*%' C%&'1-0 *' 00 C%&$. S..*%'1, Eith the on/"oin"
recruitment which will si"nificantl! boost the prosecutorial stren"th of the ODPP we
intend to deplo! prosecution counsel to serve in all (a"istrate Court .tations. To
achieve the same there is a need for continued financial support of ODPP)s
recruitment process.
6. F&0*.: A11&$'!- %, P$%1-!&.*%'1, The ODPP intends in the comin" financial
!ear to set up a 8ualit! inspection s!stem to ensure enhanced and uniform service
provision.
7. C*.'-11/6*!.*+1 S&99%$. P$%#$++-, +n 23 4517/4515 the Office intends to
actuali*e a #uvenile :ustice Polic! and a Eitness?$ictim support polic! to ensure that
witnesses and victims are supported from the pre/trial to post/trial sta"es. This will
set the sta"e for the roll out of a national witness and victims support pro"ramme and
its attendant structures.
5. S.,, C-0,$-, 2ollowin" .=C)s approval of Broup Cife +nsurance Cover% Broup
Personal Accident Cover% and a Contributor! Pension .cheme for ODPP .taff it is
imperative to implement these benefits.
The Office will also pursue its proposal to .=C re"ardin" a Comprehensive (edical
.cheme for ODPP .taff. The ODPP re8uires ade8uate fundin" to cater for the said
benefits as well as provision of a mort"a"e and car loan scheme for staff which will
improve ODPP)s competitiveness in the #ob mar1et.
F. A&.%+.*%' 7 M%(-$'*?.*%' %, ODPP 1-$>*!-1/9$%!-11-1, ODPP)s +CT strate"!
framewor1 re8uires to be implemented to ensure the Office harnesses +CT to
improve service deliver!. The Office will continue with its development of an
automated case mana"ement s!stem networ1in" of count! and sub/count! offices
and provision of re8uisite +CT e8uipment for staff use.
G. E1./0*1)+-'. %, N.*%'0 P$%1-!&.*%' I'1.*.&.-, Due to its increasin" number of
new staff and emer"in" complex crimes the ODPP re8uires an institutionali*ed
structured wa! of e8uippin" its staff with the re8uired competencies. To this end the
14 | P a g e
ODPP considers the establishment of a ;ational Prosecution +nstitute an important
strate"ic priorit!. This will involve the development of a comprehensive trainin"
curriculum and manuals ac8uisition of office space and ade8uate staffin".
8. E1./0*1)+-'. %, R-1%&$!- C-'.$-1, ODPP staff need modern resource centres
which can facilitate research on various issues. The establishment of well/e8uipped
resource centres will also serve the public and help dem!stif! prosecutions in the
public sphere.
2.4 I+9!. %, U'(-$,&'(*'# *' .)- 2014/15 FY
The allocation to ODPP in 4517?15 23 is inade8uate and will lead to dela! of achievement
of pro#ected tar"ets and slow down access to #ustice for 9en!ans. +n particular the Office
will not be able to implement the followin" 1e! tar"ets,/
3 P-$1%''-0 -+%0&+-'.1KK1)1 41E+*00*%'
The ;ational Treasur! has alread! "ranted ODPP authorit! to recruit additional 415 staff
and a further 214 staff vide Treasur! letters =ef. ;o. -..147?16?51@18A dated 18
th
2ebruar! 4517% and -..147?16?51@47A dated 41
st
(arch 4517 respectivel! 21--
99-'(*D .........3.
Apart from the recruitment of additional staff the .alaries and =emuneration
Commission has approved the establishment of a Contributor! Pension .cheme for
ODPP vide letter =ef ;o. .=C?T.?ODPP?6?64 $ol. 1 @64A dated 45th (arch 4517. 2S--
99-'(*D .........3
The emplo!er contributions to the proposed scheme will be 15B of the basic salar!
which translates to K1)1 @1.5 +*00*%' per !ear.
Ta1in" into account the pro#ected Personnel -moluments @P-A for staff currentl! bein"
recruited contributions to the proposed Contributor! Pension .cheme the P- bud"etar!
re8uirement for the 4517?15 23 is K1)1 1.@E5 /*00*%'. <owever the P- ceilin"
allocation is K1)1 1.10A /*00*%' resultin" in a shortfall of K1)1 41E.4 +*00*%' as shown
in 9$. 1 of table 2.1.2 above.
/3 D-!-'.$0*?.*%' %, P$%1-!&.*%' S-$>*!-1: K1)1 1.1@1 /*00*%'
ODPP to date has onl! 74 operational count! offices twelve @123 of which have been
opened in the 4516?17 23. Ee are also in the process of openin" the remainin" 5 before
the end of the 23. +n the 4517?15 ODPP tar"ets to open 112 .ub/Count! prosecution
offices in ever! area with a (a"istrate court station. 9e! expenditure areas under
decentrali*ation are,
*3 P&$!)1- %, ,&$'*.&$- '( O,,*!- EH&*9+-'.8 K1)1 224 +*00*%'
15 | P a g e
ODPP tar"ets to open prosecution offices to cater for 112 (a"istrates) Courts
stations countr!wide and recruit more staff. These offices and officers need to be
ade8uatel! e8uipped and furnished.
**3 A!H&*1*.*%' %, %,,*!- 19!- '( $-,&$/*1)+-'.8 K1)1 1@0.4 +*00*%'
The office will re8uire additional office space in all areas where there are courts.
Thus there is need to enhance the allocation on rent and refurbishment of the
offices in order to cater for facilities such as case/file re"istries pre/trial chambers
and resource centres.
***3 P&$!)1- %, >-)*!0-18 K1)1 5EE.@ +*00*%'
The decentrali*ation of prosecution services to the Counties inevitabl! re8uires
sufficient transportation. Prosecution Counsel are often re8uired to use public
transport while handlin" sensitive cases and visitin" scenes of crime. This
exposes them to "reat personal securit! ris1. ODPP Count! and .ub/Count!
Offices will therefore re8uire purchase of motor/vehicles.
!3 P$%,-11*%'0*?.*%' %, 9$%1-!&.*%' 1-$>*!-1:
There is an ur"ent need to professionali*e prosecution services and thereb! enhance
access to :ustice and its 8ualit! in 9en!a. To achieve this ODPP intends to underta1e
the followin",
*3 S.,, .$*'*'# '( !9!*.: B&*0(*'#8 K1)1 @2.0A +*00*%'
Eith the on"oin" massive recruitment of staff there will be need for intensive
trainin" of newl! recruited staff to enhance the 8ualit! of prosecution. There is also
need for continuous trainin" of servin" prosecution counsel in view of the chan"in"
nature of crime.
**3 R-1%&$!- C-'.$-1 K K1)1 502 +*00*%'
ODPP intends to establish resource centres in all Count! offices to enable
prosecutors) access to relevant information in a timel! manner. This will enhance the
8ualit! of prosecution throu"h well researched cases.
***3 E1./0*1)+-'. %, P$%1-!&.%$1 T$*'*'# I'1.*.&.- K K1)1 1E4.5+*00*%'
There is currentl! no institution locall! that offers advanced courses in prosecutorial
s1ills. Obtainin" the courses outside the countr! is ver! expensive hence the need to
establish an institute for continuous trainin" of prosecutors. The institute once
operational will develop a curriculum and manuals and be a bastion of criminal #ustice
research in the re"ion.
(3 M%(-$'*?.*%' '( &.%+.*%' %, S-$>*!-1/9$%!-11-18 K1)1 5@5 +*00*%'
There is an ur"ent need to ensure that ODPP processes and services are automated
and moderni*ed to 1eep up with technolo"ical advancement and increased efficienc! in
service deliver!. The Office developed the +CT .trate"! framewor1 in the 4514?16 23
and re8uires a total of K1)1 E2A.4 +*00*%' to automate its services. Out of this K1)1
5@5 +*00*%' is re8uired in the 4517?15 23. The Office has tar"eted to underta1e the
16 | P a g e
followin" under the +CT .trate"! framewor1, infrastructure foundations operational
effectiveness information mana"ement collaboration application s!stems continuous
+mprovement and (aintenance. The office will also implement phase 4 of the
development of case mana"ement s!stem pro#ect that is Deplo!ment of an automated
Case (ana"ement s!stem at the ODPP.
-3 C*.'-11-1 '( 6*!.*+1 S&99%$.8 K1)1 501 +*00*%'
As a "ood practice prosecution counsel are re8uired to conduct pre/trial conferences
with witnesses in order to familiari*e them with court procedures. This enhances the
confidence of witnesses and 8ualit! of prosecution. Eitnesses should be reimbursed for
an! expense reasonabl! incurred in attendin" the pre/trial interviews. The proposed
allocations will be insufficient to accommodate witness facilitation
,3 A!H&*1*.*%' %, 1.'(80%'- B&*0(*'# ,%$ ODPP H-(H&$.-$18K1)1 400 +*00*%':
One of the 9e! tar"ets in the ODPP strate"ic plan is ac8uisition of a standalone buildin"
to house ODPP <ead8uarters. The #ustification for this tar"et is as follows,
2*3 S-!&$*.:
The ODPP handles ver! sensitive matters for which there is need for hi"h level of
securit! and confidentialit!. Therefore there is need to ensure enhanced securit!
for both documents and files. Currentl! with the office accomodation in ;..2
buildin" securit! ma! be compromissed in a number of wa!s%
aA Prosecutors share offices which ma! have an effect on confidentialit!
considerin" the! need to have privac! as the! prepare files for
Prosecutions.
bA ;..2 is a public buildin" where visitors comin" in are not thorou"hl!
vetted and hence securit! of staff ma! not be full! "uaranteed.
cA .ecurit! of documents ma! also not be "uaranteed when visitors are
not vetted and ma! lead to compromisin" on"oin" cases.
Ac8uisition of a stand/alone buildin" to this end therefore will not onl! enable the
ODPP to improve securit! of staff and documents but also be able to install
securit! s!stems e.". CCT$ cameras. Additionall! the ODPP is hi"hl!
constrained in terms of underta1in" ma#or securit! wor1s and developments in
leased premises.
2**3 C%1. %, 0-1*'# %,,*!-1
ODPP is currentl! leasin" approximatel! 477F5 s8uare feet for the head8uarters
office in ;airobi at a cost of K1)1 24.E +*00*%' in rent per annum. The office
space is not sufficient to cater for ODPP)s needs and at least 55555 s8uare feet
is re8uired accommodate all staff. The total rent will therefore be K1)1
5E.4 +*00*%' per !ear. This is not economical in the lon" term and it is therefore
more prudent to ac8uire a stand/alone buildin".
17 | P a g e
2***3 L!" %, S&,,*!*-'. O,,*!- S9!-
+t has been difficult for ODPP to ac8uire the re8uired space of 55555 .8uare feet
within the ;..2 buildin" where the Office is currentl! housed. This means that
additional space can onl! be ac8uired in alternative premises.
2*>3 R-!$&*.+-'. %, ((*.*%'0 1.,,
.ome of the recruited staff will be accommodated in the head8uarters. There is
therefore need to ac8uire additional office space to comfortabl! accommodate
them.
2>3 A((*.*%'0 $-H&*$-+-'.1
The ODPP needs at its <ead/Office a well/networ1ed and e8uipped resource
centre Eitnesses and victims conference rooms and well e8uipped and
spacious =e"istr!. There is also a need for sensitive infrastructure for its
automated case mana"ement s!stem. All the above re8uire substantial resources
and it will not be prudent to underta1e the activities in leased premises.
#3 C%'1.$&!.*%' %, C%&'.: '( S&/8!%&'.: O,,*!-1 K A. 0-1. K1)1 2@0 M*00*%' P-$
A''&+
One of the 9e! tar"ets of ODPP is to construct offices at all the 7G counties and also in
areas with (a"istrates Courts which cannot be served b! the Count! head8uarters.
The total estimated cost for this construction is K1)1 1.4 /*00*%'. Ee propose that the
same be underta1en in a phased manner over a period of 5 :-$1.

)3 S.,, M%$.##- 1!)-+-8 K1)1 500 +*00*%'
There is ur"ent need to review the terms of service for ODPP staff in order to enhance
retention. One of the 1e! proposals to achieve this is the introduction of a staff mort"a"e
scheme. This scheme if introduced will offer loans to staff at subsidi*ed interest rates.
*3 S.,, !$ 0%' 1!)-+-8 K1)1 100 +*00*%'
ODPP also proposes to introduce a staff car loan scheme as part of benefits and terms
of service for the staff. There is need to ensure personal securit! of Prosecution Counsel
while dischar"in" their duties which is compromised b! use of public transportation.
There is therefore ur"ent need to facilitate staff to own vehicles b! offerin" loans at
subsidi*ed interest rates.
'() CONCLUSION
M$. C)*$+'
+n conclusion the three !ears that ODPP has been in operation have been formative and
essential in the reali*ation of the strate"ic ob#ectives of the ODPP. Prosecutors pla! an
inte"ral and critical role in the administration of #ustice and the reali*ation of the national
development a"enda. There is therefore need to provide ade8uate resources for ODPP to
achieve its mandate.
18 | P a g e
+n view of the fore"oin" we re8uest that this Committee recommends to the ;ational
Assembl! that the bud"etar! allocation for ODPP for the FY 2014815 be in the areas with
shortfalls as outlined above in order to full! implement the ODPP)s 23 4517/4515 strate"ic
tar"ets.
M$. C)*$+'
2inall! + sincerel! than1 !our committee and the ;ational Assembl! for its continued
support in the operationali*ation of the ODPP.
Than1 !ou.
Dated 16
th
(a! 4517.
KERIAKO TOBIKO, CBS, SC
DIRECTOR OF PUBLIC PROSECUTIONS
19 | P a g e