ii
OUR MANDATE
To institute and undertake prosecution of criminal matters and all other
aspects incidental thereto
OUR VISION
OUR MISSION
OUR CORE VALUES
1
CHAPTER 1 1.0 BACKGROUND
1.1 Introduction
The independent Office of the Director of Public Prosecutions was established
following the promulgation of the Constitution of Kenya 2010. The Office was
previously a department under the State Law Office, discharging responsibilities in
the criminal jurisdiction for the Republic of Kenya on behalf of the Attorney General.
The ODPP delinked from the State Law Office on 1st July 2011 following the
appointment of a Director of Public Prosecutions under the new Constitution.
The Office of the Director of Public Prosecutions Act, 2013 was enacted with the
object of giving effect to the provisions of Articles 157 and 158 and other relevant
Articles of the Constitution of Kenya 2010. In discharging its mandate, the Office is
guided by the Constitution and the following fundamental principles: (i) diversity of
the people of Kenya; (ii) impartiality and gender parity; (iii) observance of the rules
of natural justice; (iv) promotion of public confidence in the integrity of the Office;
(v) the discharge of functions of the Office on behalf of the people of Kenya; (vi) the
need to serve the cause of justice, (vii) prevention of abuse of the legal process and
public interest; (viii) protection of the sovereignty of the people; (ix) secure the
observance of democratic values and principles; and (x) promotion of
constitutionalism.
Section 7 (2) of the Mutual Legal Assistance Act 2011 recognizes the ODPP as a key
player in making and execution of legal assistance requests as a competent
authority.
2
Under the Criminal Procedure Code Section 82 through 88, the DPP has powers to
enter nolle prosequi, delegate prosecution powers and appoint public prosecutors
for any case. Section 86 spells out the powers of public prosecutors.
From 2011, the ODPP has transformed itself into a professional and independent
institution in the Kenyan criminal justice chain. The 2011-2015 Strategic Plan
provided a road map on key strategies in both the Technical and Central Facilitation
services that supported the realization of the plan targets.
1.2 Mandate, Functions and Structure of ODPP
1.2.1 Mandate
The mandate of the ODPP is to institute and to undertake prosecution of criminal
matters and all other aspects incidental thereto. In exercising prosecutorial
authority, the DPP has due regard to the public interest, the interests of the
administration of justice and the need to prevent and avoid abuse of the legal
process. In doing so, the ODPP strives to provide quality, impartial and timely
services in a manner that is professional, efficient and fair.
1.2.2 Functions
The core functions of the office of the Director of Public Prosecutions (ODPP)
include prosecution of those charged by the police and other investigative agencies
with criminal offences while upholding, protecting and promoting human and
constitutional rights.
Specifically the functions are:-
i. To institute and undertake criminal proceedings against any person before
any court of law other than a court martial in respect of any offences alleged
to have been committed by that person;
3
ii. To direct investigation and supervise the conduct of criminal investigations;
iii. To handle of matters relating to international relations including extradition
and Mutual Legal Assistance (MLA);
iv. To advise Government Ministries, Departments and State Corporations on
matters pertaining to the application and development of criminal law;
v. To monitor, train, appoint, and gazette public prosecutors;
vi. To facilitate victims of crime and witnesses during prosecution; and
vii. To contribute and influence to policy, procedure and law reform
1.3 Justification for the Strategic plan 2016-2021
In the recent past, the complexity of the administration of justice arising from
constitutional requirements, new laws, human rights considerations, and diversity
in crimes against rapidly changing global circumstances has had direct impact on
the prosecution of criminal matters in the country. During these changes, the Office
of the Director of Public Prosecutions Act, 2013 and MTP II (2013-2017) came into
being while the ODPP was implementing its first Strategic Plan. The second Strategic
plan therefore provides an opportunity to align aspirations of the ODPP to these
new developments. It provides an opportunity for the ODPP to reorient itself to the
national and international needs such as new planning circle for the Government
under Vision 2030; and the end of the Strategic Plan 2011-2015.
In addition, the Government of Kenya is re-engineering its business processes with
three focus areas namely: Reduction of bureaucratic red tape; establishment of
efficient and effective service delivery systems and processes; and ensuring efficient
and transparent financial management and procurement. These are critical
considerations for the ODPP in its operations and hence the need for realignment of
its planning processes.
4
More significantly, it comes at the time the ODPP has made great milestones in its
formation, capacity enhancement and the need to establish priorities based on its
performance in the first 5 years of independent existence. The new Plan will
therefore be guided by key achievements and challenges emanating from the first
Plan, emerging crimes, knowledge explosion, new technologies, advancement in
science and information and better communication technology that call for a refocus
in the administration of justice.
1.4 The Planning Process for the Strategic Plan 2016-2021
The scope of formulating a new Plan covered the following:
i. End term review of the 2011-2015 Strategic Plan to establish key success
factors, key challenges, emerging trends of crime and mitigation measures
taken.
ii. Scanning the effect of the environment on ODPPs objectives, strategies,
activities, targets and performance through a comprehensive review and
analysis of:
a. The changes and shifts in national priorities in administration of
justice
b. The anticipated new organizational framework (structure, functions
and capacity) that supports and facilitates the execution of the
mandate;
c. Challenges and lessons learnt in the implementation of the current
Strategic Plan
iii. Development of an accountability and risk management framework through
a comprehensive SWOT and PESTLE analysis to identify, prioritize and plan
for mitigation, monitoring and reporting purpose any strategic,
5
environmental, political, organization, operational or financial risks or
technological structural changes that could affect plan implementation.
iv. Formulation of a strategic model that translates the ODPPs Vision and
Mission into concrete, coherent and integrated set of strategic goals, smart
objectives, strategies, activities and planned outputs and outcomes.
v. Development of a coordination framework detailing how the planned
outputs and outcomes will be achieved, highlighting the financial and other
constraints for plan implementation and detailing how the constraints will
be addressed in the plan period. This focused on:
a. Identification of the capacity needs, the strategies required for
addressing capacity gaps and resources required for capacity
development
b. Establishment of the inputs required to execute ODPPs
functional unit’s activities for purposes of budgeting and
negotiations for funding
c. Detailing and costing the activities to be implemented at the
functional units in order to achieve planned outputs
vi. Development of a framework for monitoring and evaluating Plan
implementation
1.6 Structure of the Strategic plan
The Strategic Plan is organized into seven chapters and an appendix as follows
i. Chapter One provides the background information about the
ODPP, mandate and functions. It also provides the justification
and the planning processes for the new Plan.
ii. Chapter Two presents the role of ODPP in Kenya’s development
agenda by focusing on the Vision 2030, county programmes and
NCAJ
6
iii. Chapter Three provides the review of the 2011-2015 strategic
plan
iv. Chapter Four presents the environmental scan including SWOT,
PESTLE, stakeholder analysis and risk management
v. Chapter Five provides the strategic model of ODPP covering the
vision, mission , core values, strategic objectives and strategies
vi. Chapter Six presents the institutional implementation
framework
vii. Chapter Seven provides the monitoring and evaluation
framework for the plan
The Implementation matrix of the strategic plan
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CHAPTER 2 2.0 THE NATIONAL DEVELOPMENT AGENDA
2.1 Introduction
The ODPP belongs to the Governance, Jusitce, Order and Rule of Law Sector which
consists of thirty seven (37) sub-sectors. These sub-sectors play an important role
in implementing sub-sector mandates, programmes and policies and undertaking
institutional reforms that are aimed at providing a stable environment for social,
economic and political development of the country as envisioned in the Kenya
Vision 2030. The sector undertakes to strengthen the criminal justice system by
ensuring independent institutions have a clear mandate and formal collaboration
mechanism amongst its institutions.
2.2 The Constitution of Kenya 2010 and the Role of ODPP
ODPP is a creature of the Constitution of Kenya 2010 with its enabling legislation
being the Office of Director of Public Prosecution Act, 2013. The Office is also
enabled through the Criminal Procedure Code Chapter 75 of the laws of Kenya and
the Mutual Legal Assistance Act, 2011.
In exercising the powers of prosecution, the Office ensures regard to the public
interest, the interests of the administration of justice and the need to prevent and
avoid abuse of the legal process.
8
2.3 The role of the ODPP in Kenya’s Development Agenda – Vision 2030
The Kenya Vision 2030 is premised on three pillars namely: political; social and
economic and implemented in successive five-year Mid Term plans. The first mid-
term plan covered the period 2008-2012 while currently the 2nd MTP 2013-2017 is
being implemented. The Vision aims at creating a globally competitive and
prosperous country and transforming Kenya into a newly industrialized middle
income country. The Vision 2030 identifies the justice system as one of its key
movers where the ODPP is to exercise its functions without fear or favour.
Under the political pillar, the vision aims at institutionalizing a framework that
promotes a fair, affordable and equitable access to justice. The ODPP in liaison with
other stakeholders is charged with the duty of aligning the national policy and a
legal framework that addresses a market- based economy, human rights and gender
equity in addition to promotion of the rule of law.
Under the economic pillar, the ODPPs role is to ensure an effective and efficient
prosecution that will in turn contribute to safe, secure and conducive environment
for investment and economic growth.
On the social pillar, the ODPP in conjunction with other stakeholders strive to
achieve a just and cohesive society by serving the interests of justice by conducting
timely and independent prosecution and facilitate equitable application of the law
that eases access to the criminal justice system.
In the medium term Plan II (2013-2017), the ODPP contributes to the objective of
efficient and effective delivery of justice in the country by enhancing investigative
and prosecutorial jurisdiction of cases.
9
2.4 Role of the ODPP in the County Specific Priorities
Under Article 6 (2), the Constitution of Kenya provides for national and 47 County
Governments and states that the national and county levels are distinct and inter-
dependent and shall conduct their mutual relations on the basis of consultation and
cooperation. Prosecution of cases is a national service. However, the ODPP is fully
decentralized in 47 counties and 117 sub-counties for effective delivery of its
services to the public in accordance to Article 6 (3) of the Constitution of Kenya.
The ODPP continues to play a critical role in collaborating with the counties in
supporting the county assemblies in enactment of uniform county laws to ensure
quality, prioritization and customization to national laws and the constitution of
Kenya 2010. Towards compliance, the Office advises counties on alternative dispute
resolutions and harmonization mechanisms. The ODPP in liaison with the Kenya
Law Reform Commission (KLRC) advises the counties on model laws.
2.5 Role of ODPP in National Council on the Administration of Justice (NCAJ)
In recognizing and upholding institutional independence and unique functions, the
Judicial Service Act (2011) creates the National Council on the Administration of
Justice (NCAJ). This coordination framework facilitates the justice sector
institutions to develop and implement policies in addition to playing an oversight
role. Its mandate is to ensure a coordinated, efficient, effective and consultative
approach in the administration of justice and reform of the justice system.
The ODPP with other stakeholders will contribute in the review of legal and policy
frameworks for NCAJ and the entire justice sector and operationalization of the
Court Users Committees (CUC).
11
CHAPTER 3 3.0 REVIEW OF THE STRATEGIC PLAN 2011-2015
3.1 Introduction
Over the years, the reform and restructuring of the Department of Public
Prosecutions led to the development of the first Office of the Director of Public
Prosecutions Strategic Plan 2011-2015. The Strategic Plan 2011-2015 provided the
strategic intent, direction and focus for the newly established ODPP. The 2011-2015
Strategic Plan had fifteen (15) strategic objectives, which were sharpened into seven
for ease of implementation and tracking results as follows:
1. Enhance access to justice.
2. Enhance institutional reforms and restructuring.
3. Professionalize prosecution services.
4. Automate and modernize ODPP processes and procedures.
5. Strengthen and promote inter-agency collaboration and International
Cooperation.
6. Strengthen legislative and policy framework.
7. Facilitate and support witnesses and victims of crime.
3.2 Key Achievements
3.2.1 Enhance access to justice.
Under this objective, the ODPP decentralized to 47 counties and sub-counties and
prosecutes in 117 courts countrywide. The Office processed 173,161 matters in all
the courts in the country.
In handling of complaints, the ODPP developed and operationalized a complaints
service charter that lays the guidelines in protocol and enhanced the capacity of
12
teams. The complaints and complements section handled 9,993 public complaints
representing a 98% success rate.
Other key achievements in this objective are:
To respond to the cumulative sophistication of crime in the modern world,
the Office trained Prosecutors in trial advocacy, cybercrime detection and
prosecution, terrorism financing, asset recovery, trade in illicit wildlife
products and proceeds of crime;
Developed general prosecution guidelines and code of conduct and ethics for
public prosecutors;
Took over all the prosecution in all courts replacing the Police Prosecutors;
Developed and disseminated Anti-corruption Prosecution Guidelines for
Prosecutors handling corruption cases;
Held joint bi-monthly inter-agency anti-corruption forums and discussed
strategies to handle both investigation and prosecution of corruption issues;
Sustained its social media platforms on Facebook and Twitter with an
increased following of thousands of users countrywide and internationally;
Developed Information, Education and Communication (IEC) materials to
increase awareness and corporate branding; and
Participated in various public forums including Agricultural Shows of Kenya
and Judiciary service weeks.
3.2.2 Enhance institutional reforms and restructuring.
The Office attained a 293 percent increase in staff establishment and established 5
new thematic divisions, sections and units in order to effectively and efficiently
execute its mandate.
13
Other notable achievements include:
Conducted sensitization workshops in 16 counties on female genital mutilation;
Attained a 1.1% staff complement of Officers (10) living with disability;
Developed a recruitment and retention policy; and
Trained various staff members in the following programmes; TRAINING PROGRAMME NO OF OFFICERS Terrorism 93 Sexual and Gender Based Violence (SGBV) 95 Anti-Money Laundering and Mutual Legal Assistance 30 Human Rights in the Administration of Justice 30 Trial Advocacy 102 International Criminal Justice 19 Fraud and Preventions Investigation 23 Hate Speech 5 Public Relations and Customer Care 20 Wildlife Crimes 98 International Crimes 21 Human Trafficking 30 Induction 771 Computer Applications 7 Records Management 9 International Institute of Certified Forensic Investigation Professionals (IICFIP)
5
Refresher course for drivers 11 Strategic Leadership Development Program 12 Senior Management Course 53 Supervisory skills 14 Tailor made course for Heads of departments 21 Senior Management Course 53 Supervisory Course for Office Assistants 14 Procurement and Financial Management for Field AIE Holders
66
Sensitization-Handling of Government Records 183 Proficiency Training-Clerks 10 Complex Crime Transactions involving Laundering of Criminal Proceeds
11
14
3.2.3 Professionalization of Prosecution Services.
The ODPP developed and reviewed key prosecutorial policy documents namely:
National Prosecution Policy, Code of Conduct and Ethics for Public Prosecutors,
General Prosecution Guidelines and Corruption and Economic Crimes Prosecution
Guidelines.
Other key policy documents developed and operationalized include Strategic Plan
2011-2015, Organizational Structure Manual 2012, Communication Strategy 2012,
Career Progression Guidelines 2012, Human Resource Manual 2012 and ICT
Strategy Framework 2013
The Office gazetted 254 prosecutors from 16 agencies to exercise delegated
prosecutorial powers and to undertake vetting process before finalization of the
gazettement process.
Other Key achievements under this objective are:
Developed case screening and review tools that allow objective assessment of
the totality of evidence and establish a realistic prospect of conviction;
Realized 89.4% conviction rate;
Cyber Crime 30 SGBV and Trafficking in Persons 49 Masters 28 Higher Diploma 12 Diploma 23 Certificate 41 Supervisory course for secretaries 1 Higher Diploma for secretaries 1 Security and Defense Studies 1 Secretarial Management 1 Project and Program Management 1 Executive Secretaries 2 Gender and Disability Mainstreaming 3
15
Developed a database on all agencies and individuals with delegated
prosecutorial powers and sensitized prosecutors from NEMA, Ministry of
Health, KBS, NSSF, KRA and KWS on the prosecution policy documents;
Trained 88 percent of the prosecutors in trial advocacy; and
Was awarded the outstanding public service provider 2015
3.2.4 Automate and modernize ODPP processes and procedures
Under its strategy to optimize use of ICT, the Computer to Staff ratio was enhanced
to 1:3 to ease processes and increase LAN and internet connectivity to over half of
the 47 counties.
The Office completed phase I and II of the case-file and mail-management system
development project and enhanced capacity for the use of the automated complaints
system.
The Office reviewed and updated its website, which has enhanced access of useful
information to the public. The website is interactive, where key information,
activities, operations and documents are available.
The Office completed the adoption of the government’s e-payments, e-procurement
and e-human resource management systems
3.2.5 Strengthen and promote inter-agency collaboration and International
Cooperation
The ODPP developed Standard Operating Procedures (SOPs) and reference manuals
for capacity building that include the Rapid Reference Guides on wildlife and
terrorism crimes. Other achievements noted are:
16
Enhanced the prosecution-guided investigation model in complex or high
profile cases investigated by the NPS, EACC, IPOA and KWS; and
Participated in various NCAJ initiatives including the development of Bail and
Bond Policy Guidelines, the Sentencing Policy and an Illicit Trade Manual,
Court Users Committees and joint capacity building initiatives
3.2.6 Strengthen legislative and policy framework
The ODPP drafted the Computer and Computer Related Offences Bill and the Plea
Negotiations Rules and Guidelines and participated in the development of the Court
of Appeal Bill, High Court Administration Bill, National Coroners Service Bill 2015,
and Rules on Witness Protection in Court.
The Office initiated the development of Plea-bargaining Rules and Guidelines,
Cybercrime Bill 2014, Anti-Doping Bill, Wildlife Management and Conservation
(Amendment) Bill 2014, Security Laws (Amendment) Act, 2014 and the Victims
Protection Act, 2014
3.2.7 Facilitate and support witnesses and victims of crime.
Information missing
3.3 Key Success Factors
The Implementation of the 2011-2015 Strategic Plan yielded the following success
factors.
a) Partnerships, collaboration and networking
The National Council on Administration of Justice (NCAJ) forum
allowed for consultations, promotion of interagency cooperation and
collaboration with key stakeholders to support the achievement of
ODPPs mandate.
17
The funding of the plan was facilitated by the Government of Kenya
through MTEF and donors who supplemented the financial gaps
Provision of quality accounting and advisory services including timely
procurement of goods and services resulted in continuous flow of
work
b) Capacity Building
The Office successfully recruited 293% staff in both legal and central
facilitation that enabled seamless allocation and distribution of
workload
Staff were trained and equipped with necessary skills and knowledge
through all inclusive training, seminars, sensitizations and workshops
that allowed professional engagement
c) Decentralization of services
Effective strategic leadership led to increased presence at the county
level with staff equipped with the necessary equipment and space to
perform their duties as reflected in improved conviction rate and court
attendance
d) Political will
The implementation of the plan received support from the
parliamentary legal and administration of justice committee and
executive support that resulted in the enactment of the relevant
legislations and policies to facilitate work,
3.5 Key Challenges
The ODPP continued to face a number of challenges in the execution of its mandate
as highlighted below.
3.5.1 Complex and high profile Cases
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Administration of Justice continues to be very complex due to the changing nature
and scope of crimes that are organized, transnational and international. The
creation of new courts; untested legislation in an emerging jurisprudence;
democratization; and increased use of ICT such as social media, online systems,
encryptions of messages made its work harder and hindered admissibility of
available information. Further, inadequate good governance structures and systems;
incapacities of investigating officers in terms of skills, personnel and human rights
requirements constrained the work among other factors. This led to increased
matters handled across the justice sector thereby requiring staff to devote more
time and resources to these matters.
3.5.2 Weak policy and legal framework
The absence of a national criminal justice policy to guide operations of the sector
resulted in competition for both human and financial resources that in turn affected
the delivery of services by the ODPP to the Kenyan public.
The current criminal laws are not sufficiently applicable to new and emerging
crimes and technological advancements. The existing substantive and procedural
criminal laws are outdated and have not had the benefit of substantial law review.
There is need for continuous review and revision of key procedural, evidential and
substantive criminal laws in order to respond to the complex and ever mutating
forms of criminality. In addition, there is lack of harmonizing of legislation with the
constitution, other laws and regional laws
A number of key agencies within the criminal justice system such as; the National
Police Service, and the Government Chemist, suffer acute capacity constraints,
19
which inevitably affect the efficient delivery of services by the entire system. For
instance, insufficient use of modern investigations techniques due to the lack of
modern National Forensic Crime Laboratory and inadequate forensic investigation
skills have greatly hampered the ability of the investigative agencies to investigate
complex and emerging crimes.. There is need to modernize and enhance capacity of
investigative agencies so as to improve quality of investigations, and in turn impact
positively on the effectiveness of prosecution.
3.5.3 Operational challenges
The Office experienced operational challenges in the implementation of the plan
that included: delays in exchequer disbursements, poor terms and conditions of
service such as poor remuneration that lead to high attrition and exposure to
corruption by staff, inadequate adoption of ICT, information overload through social
media and journalism and a robust human rights campaigns that directly impact
negatively on prosecution of cases.
3.5.4 Inadequate capacity to handle Emerging crimes and trends
The ODPP faced inadequate specialized skills and knowledge in handling new,
emerging and complex forms of crimes such as money laundering, cybercrime and
other transnational crimes. The need for adequate financial allocation towards
programmatic specialized training to Prosecution Counsel cannot be over-
emphasized.
3.5.5 Reluctance of witnesses to testify
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The Office faces chronic incidences of witness withdrawal triggered by lack of
facilitation, protection fatigue and relations (political, family, colleagues, and
religion) to the accused person hence hampering fair and just determination of
cases in court. The problem is more pronounced in cases involving sexual offences
and corruption.
3.5.6 Conflict between Alternative Dispute Resolution mechanism and the
formal Court system
Article 159 of the Constitution provides for the promotion of alternative dispute
resolution (ADR) and traditional justice mechanisms (TJMs). Though provided for in
the Constitution, there are currently no mechanisms to harmonize the application of
ADR/TJMs with the formal justice system (FJS) in the application of criminal law.
There is an urgent need to put in place mechanisms to harmonize ADR/TJMs with
the formal justice system and embrace diversion and plea bargain provisions as
additional approaches in dispute resolution.
3.6 Proposed Mitigation to the Challenges and Constraints
3.6.1 Sustainable and Adequate Funding Streams
The ODPP main source of funding is the Government through the National Treasury
for both the Recurrent and Development Budget. The exchequer allocation accounts
for ________ of the total budget while the donors and other stakeholders account for
________ budget of the ODPP. The ODPP needs to develop a comprehensive financing
strategy to ensure that the flagship programmes such as automation of its processes,
procedures and system is undertaken seamlessly and on time. The need to work
with donors and other government agencies in building its human resource, finance
and physical capacities should be prioritized.
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3.6.2 Structure and Governance
The current structure is highly centralized with regard to decision-making and
process matters. The ODPP should develop a robust and responsive structure and
governance system to fully integrate the operational 47 County Offices.
The ODPP undertook massive and rapid staff recruitment. Most of the staff are at
low level entry points with minimal prosecutorial knowledge, skills and experience.
We recommend that the Office develop a role modeling, coaching and mentorship
programme to enhance staff prosecutorial competencies, capabilities and capacities.
In addition, the ODPP should introduce creative collaborative work policies and
practices.
3.6.3 Partnerships, Networks and Collaboration
The ODPP enjoys and enforces monopoly prosecutorial powers as the Public
Prosecutor in Kenya. The Constitution of Kenya 2010 creates new institutions in the
justice system as well as the Chapter Fifteen Commissions and Independent Offices,
which perform an oversight role. The Constitution anticipates effective
partnerships, networks and collaboration among these institutions and other
stakeholders.
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CHAPTER 4 4.0 SITUATIONAL ANALYSIS
4.1 Introduction
It is important to determine the operational environment of the ODPP in order to
gauge how it will develop in the future. The Strengths, Weaknesses, Opportunities
and Threats (SWOT) and the Political, Economic, Socio-cultural, Technological, Legal
and Environmental (PESTLE) analysis was undertaken to help in the development
of strategic goals, themes and strategies.
4.2 Strengths, Weaknesses, Opportunities and Threats (SWOT) Analysis
The SWOT analysis was conducted to determine both internal and external factors
affecting the work of the ODPP. The SWOT analysis is meant to help ODPP double
down on strengths, eliminate weaknesses, pursue opportunities and avoid or
prepare for threats. Table 2 presents the issues that need consideration in the
implementation of activities by the ODPP.
Table 2: Strengths, Weaknesses, Opportunities and Threats (SWOT) Analysis
Strengths Weaknesses
Anchored in the constitution Policies, standards and guidelines Growth in staffing levels Independence Decentralized prosecutorial
services
Poor terms and conditions of service Poor leadership and management
skills Old processes and procedures. Low absorption rate of funds Underutilization and misapplication of
skills Lack of specialization of skills Lack of ownership of strategic plan Lack of cascading Strategic Plan to
counties and sub-counties Inadequate infrastructure and
unequal distribution of resources.
23
Lack of wellness programmes Weak monitoring and evaluation
framework High staff turnover/attrition Limited adoption and usage of ICT Poor work ethics and weak
organizational culture Low staff awareness on policies Weak record management Weak internal communication
Opportunities Threats
Political will Vibrant media Goodwill of stakeholders and
collaboration mechanisms Increased public awareness on
role of ODPP Advancement in ICT Reform momentum in the criminal
justice system Robust constitution Best practices- locally and
internationally Recognition of crime prevention as
key in the realization of the Vision 2030.
Large pool of competent professionals in the market
Tremendous Expansion of Scope and Depth of Prosecutorial Function
Politicization and ethnicization of the fight against crime
Lack of criminal justice policy Rapid advancement in ICT Better terms and conditions of service
by comparative organizations Complexity of emerging crime and
trends Inadequate psycho social support of
prosecutorial work Security concerns for Prosecutors Competition for limited government
resources Capacity constraints within other
criminal justice agencies Weak inter-agency collaboration and
cooperation Conformity to expanded liberties
under the new constitution. Inconsistent and unpredictable legal
jurisprudence. Negative public perception Transition uncertainty Reduced confidence in criminal justice
system Adversarial policy and political
decisions
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4.3 PESTLE Analysis
The PESTLE analysis seeks to identify issues and determine their likely effects in the
strategic direction the Office will pursue to achieve its mandate. It provides the
decision makers a platform of assessing the risks that the identified factors pose and
use that knowledge to inform decisions. Table 3 presents the PESTLE analysis of
issues and effects.
Table 3: Political, Economic, Socio-Cultural, Technological, Legal and Environmental
(PESTLE) Analysis
Political Issue Political Effect
Politicization and ethnicization of prosecution of crime Terrorism, wars and conflicts National Elections Devolution- County and National government
Undermining the rule of law and institutions Lack of synergy among government agencies Political goodwill in the implementation of the constitution
Economic Effect Slow economic growth Poor terms and conditions of work Economic integration that opens up strategic transit focal points Levels
Widening inequality between poor and rich High rate of unemployment High poverty levels Economic instability Loss of staff to other sectors Emergence of new forms of crime due to liberalization
Social Effect Increased awareness of rights
Existence of minority, special interest groups and marginalized communities Cultural practices which are repugnant to justice and morality
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Moral decadence High population growth Regional instability
Prevalence of corruption Proliferation of slums HIV and AIDS effects Drugs and substance abuse Proliferation of small arms and light weapons Proliferation of organized criminal groups Influx of refugees/aliens
Technological Effect Technological advancement Slow place of adoption of technological
change Low levels of technological infrastructure Low levels of innovation White collar crime
Environment Effect Inadequate sustainable development programmes
High level of pollution and generation of waste Climate change Wildlife conservation
Legal Effect Constitution of Kenya 2010
Uncertain jurisprudence following enactment of the Constitution
4.4 Key Stakeholder Analysis
The ODPP implements its strategies with various stakeholders. As a member of the
NCAJ, the ODPP contributes to the achievement of targets of other institutions and
in turn is expected to be supported to undertake its mandate. These key
collaborations with a focus on what ODPP can do for its stakeholders and what they
can do for ODPP is presented in Table 4. Overall, the table presents stakeholders
grouped as MDAs, private sector, civil society, academia, development partners,
26
research institutions, media, regional and international bodies, professional bodies,
the general public and others.
Table 4: External Stakeholder Analysis
Institution What they can do for ODPP
What can ODPP do for stakeholders
i) Government Ministries and Departments (MDAs) 1. Investigative Agencies (Kenya Police, EACC, CID, KWS, KNHCR, KFS, KRA, CAK, Immigration Department, IPOA)
Effective and timely comprehensive investigations Teamwork and collaboration
Prompt advice on submitted files and prosecution
2. Judiciary Efficient determination of cases
Spearheading legal reforms
3. Witness Protection Agency
Secure vulnerable and threatened witnesses
Collaboration and partnership
4. PPOA
Train procurement stakeholders
Enlighten them on the causes of prosecution in procurement
5. National Treasury
Allocation of adequate financial resources
Transparency and Accountability of funds Submission of Expenditure returns and reports
Timely disbursement of funds Advice on financial matters
6. Prisons, probation
Liaison with ODPP in expediting the judicial process
Liaise with stakeholders in sufficient time to expedite the process
7. Counties Involve DPP in enactment of county laws
Advice and harmonization of Laws enactment and Enforcement
8. CAJ
Providing information to the ODPP
Act on referred complaints
9. Auditor general and controller of budget
Provision of guidelines of compliance on audit requirements
Avail relevant information to the office of Auditor General
10. Parliament Support enactment of necessary legislation and policies Support increased resources for ODPP
Participate in formulation of proposals Make proposals on necessary resources
27
ii) Private sector 1. Suppliers
Provision of goods and services
Timely facilitation and settlements
2. Corporate organizations
Sponsorship of programmes and Equipment
Effective prosecutions
3. Banks
Facilitation of requests and witnesses
Enhance awareness on ANL/CFT
4. Private companies Share their experience of success with ODPP
Effectively involve them from time to time
5. KEPSA Uphold the rule of law and core values
Effective and efficient prosecution
Collaborate with other stake holders
iii) Civil Society, NGOs, CBOs and Faith Based Organizations 1. Donors
Technical and financial support Timely funding and support Support training programs of staff and other agencies
Enhance efficiency and effectiveness in prosecution
2. IJM, UN, Embassies
Facilitate training and offer equipment
Enhance efficiency and effectiveness in prosecution
3. LSK, Churches
Create awareness
Collaboration in the development of professional standards
4. Theme Based Organizations
Conduct research of emerging concepts and principles in thematic areas
Partner to improve service delivery
5. NGOs
Collaborate and partner to deliver mandate
Partner to deliver justice
6. GOAL HODI
Create awareness on criminal issues to the public
Collaborate and cooperate in relevant legislation and policy
7. Civil society, Human Rights Organizations
Share their experiences and opinions with ODPP
ODPP to actively involve them in the process
Provide civic education 8. UN, World Vision
Collaboration in crime prevention and education
Uphold the rule of law
iv) Development Partners 1. World bank Capacity building - funding
projects and programmes Collaboration and
cooperation Development of proposals
2. DFID Capacity building - funding Collaboration and
28
projects and programmes cooperation 3. UN/UNODC/UKHIC/GIZ
Specialized training
Collaboration and cooperation
4. USAID, UNDP
Capacity building - funding projects and programmes
Accountability and transparency in managing resources. Action on complaints
v) Research Institutions 1.KIPPRA, KNBS
Provide authentic and reliable data that can be used by ODPP
Identify areas of need
2. KLRC, National Crime Research Centre
Provide crime trends in the county
Use data to allocate resources appropriately
Timely review, amendment and updating of laws
Collaboration in review and amendment of law
Provide reliable data Collaboration and cooperation
3. Law Society of Kenya Share their experiences with ODPP
Collaboration and cooperation
vi) Academia 1. KISM
Train procurement professionals
Collaboration and cooperation
2. Universities
Scholarships Cooperation Introduce and develop prosecution curriculum
Ensure staff take relevant courses
Partner with ODPP in matters of criminal justice
Collaboration and cooperation
Identify practical areas of training
3. KSL Offer updated and relevant training
Continuous professional development Partnership with ODPP on training needs Collaboration on review of legal education curriculum
vii) The public 1. The public/citizens
Sensitization Collaboration and Cooperation
Support Timely information sharing
Provide information Uphold the rule of law
Feedback on services provided
Establish mechanisms of receiving feedback
29
Help identify cases on ANL/CFT
Enhance awareness on ANL/CFT
Collaboration with the criminal justice system
Effective and efficient prosecution
Report and present evidence to authorities
Ensure security of witnesses is safe guarded
2. Civil Society, Kenyan Human Rights
Give views of strengths and weaknesses to ODPP
ODPP to organize forums
viii) Media 1. Print and electronic media (Television, Newspaper and Radio)
Responsible journalism Provide timely accurate information
Accurate reporting Engagement and sharing of information
Sensitize the public on the mandate of ODPP
Establish an open door policy for the media
Adherence to the media code of ethics
Respect media freedom
Publish candidly on ODPP progress
ODPP to provide a forum for the media to candidly publish ODPP progress
ix) Regional and international bodies 1. UN Training Cooperation
2. EAC, APA, IPA
Facilitate training
Effective participation and sharing experiences
3. COMESA
Collaboration in provision of rule of law
Facilitation on international cooperation
4. UN, Non State Bodies
Offer capacity building
Identify areas of engagement
5. International Human Rights Organization
Periodically address performance
ODPP to invite them to assess performance
6. Interpol Speedy apprehension of international criminals
Ensure speedy trial of crimes involving those criminals
x) Professional Bodies 1. LSK, KISM, CIPS
Training Cooperation Uphold integrity of legal profession
Collaboration in bettering the justice system
Provide technical support Uphold the rule of law Development of professional standards
Collaboration and Cooperation
2. Accountants, Lawyers
Collaboration in promotion of rule of law
Collaboration and Cooperation
30
Observation of professional standards
3. International Commission of Justice
To assess the standard of ODPP
Collaboration and Cooperation
4.5 Risk Analysis and Mitigation
Type of Risk Anticipated Risk Mitigations measures
Technological Emerging crimes and trends Cyber crime (digital misinformation, Data fraud or theft, hackers, malware) Hardware and software failure Security breaches Staff dishonesty (theft of data and leakages)
Innovation Acquisition of relevant infrastructure, equipment and software Training of staff Enhance Supervision of staff Disciplinary action
Financial Inadequate funding Poor absorption rate
Seek donor support Timely planning and implementation Hire more staff
Human Resource ( capacity, Intellectual Property)
High staff turnover Poor organizational culture
Improve terms and conditions of service Change management programmes Improve synergy between legal and non legal staff
Health Drug and substance abuse HIV/AIDS
Psychosocial support Employee wellness programmes
Environmental Fire and explosions Incurable Pollution (gases, vapour, fumes) Persistent extreme weather
Employee Training Enhance employee safety Environmental conservation Use of green technology
31
CHAPTER 5 5.0 STRATEGIC MODEL 5.1 Introduction
This section defines ODPP’s strategic direction and focus and states how it intends
to accomplish and achieve its mandate. The ODPP Mission and Vision statements,
Strategic goals, objectives and strategies are detailed as below.
5.2 VISION AND MISSION STATEMENTS
Vision 1. An independent prosecution Authority providing efficient, effective,
fair and just prosecution service for the people of Kenya 1. An effective and efficient prosecution authority 2. To provide first class prosecution service for the people of Kenya 3. To provide the highest quality prosecution services to Kenyans 4. Justice in the society so that people can live in freedom and security 5. To deliver a modern and professional prosecution service that
supports national and aspirations of peace and good governance 6. A fair and just administration of criminal justice which supports
national peace stability and economic development 7. A professional prosecution authority that upholds the constitution of
Kenya
Mission 1. To serve the public by providing quality, impartial and timely
prosecution services anchored on the values and principles enshrined in the Constitution
2. To provide on behalf of the people of Kenya independent, just, fair, efficient (time and resources) and effective prosecution services
32
5.3 CORE VALUES 1. The Rule of Law;
2. Accountability;
3. Professionalism;
4. Independence; and
5. Excellence.
5.4 Clarion Call
1) Wadhamini wa haki 2) Haki yako jukumu letu 3) Kuishi kupenda haki 4) Haki na usawa
5.5 STRATEGIC GOALS 1. To offer quality service
2. To promote access to justice
3. To enhance institutional capacity
5.6 STRATEGIC ISSUES
1. Lack of an automated case management system (1)
2. Poor terms and conditions of service (2)
3. Dynamic, new and emerging trends in crime (3)
4. Inadequate victim and witness facilitation (4)
5. Lack of a dedicated institution for training prosecutors (5)
6. Inadequate human, ICT and financial resourcing (6)
7. Capacity gaps within other criminal justice agencies (7)
8. Lack of Performance management and monitoring framework (8)
9. Inadequate mainstreaming of cross-cutting issues (9)
10. Weak local, regional and international partnerships and collaborations
(10)
11. Negative public perception (11)
12. Lack of a criminal justice policy (12)
33
5.7 STRATEGIC OBJECTIVES 1. To improve quality of prosecution services
2. To establish, maintain and strengthen partnerships, collaborations and
networks
3. To strengthen the policy and law framework for prosecution
4. To strengthen the capacity of ODPP to deliver on its mandate
5. Automate and modernize processes and procedures
Strategic Objective Strategies Key Activities To improve the quality of prosecution services Lack of an automated case
management system (1) Poor terms and conditions
of service (2) Dynamic, new and emerging
trends in crime (3) Inadequate victim and
witness facilitation (4)
Improve terms and conditions of service
Change management activities
Automate case management Enhance capacity on new and emerging crimes
Facilitate victims of crime and witnesses
Mobilize financial resources
Monitor performance
To establish, maintain and strengthen partnerships, collaboration and networks Weak local, regional and
international partnerships and collaborations
Capacity gaps within other criminal justice agencies
Inadequate victim and witness facilitation
Inadequate mainstreaming of cross-cutting issues
Negative public perception
Enhance local, regional and international collaboration frameworks
Mainstream cross cutting issues
Establish a national collaborative framework for victims of crime and witness facilitation
Manage public perceptions
34
To strengthen policy and Law framework for prosecution Dynamic, new and emerging
trends in crime Inadequate victim and witness
facilitation Capacity gaps within other
criminal justice agencies Inadequate mainstreaming of
cross-cutting issues Lack of a criminal justice policy Lack of comprehensive review
of criminal law Inadequate application of
existing policies
Comprehensive review of criminal substantive, procedural, and evidentiary laws
Entrench implementation of existing policies
Apply the full range the law approach to prosecution
Deploy follow the money approach
To strengthen the capacity of ODPP to deliver on its mandate Poor terms and conditions of
service Lack of a dedicated institution for
training prosecutors Inadequate human, ICT and
financial resourcing Lack of Performance management
and monitoring framework Inadequate mainstreaming of
cross-cutting issues Negative public perception
Improve terms and conditions of service
Mobilize resources ….. Prosecutors Training Institute
Manage and monitor performance
Mainstream cross cutting issues Manage public perceptions
Modernize processes and procedures Lack of an automated case
management system Capacity gaps within other
criminal justice agencies Inadequate human, ICT and
financial resourcing Lack of Performance
management and monitoring framework
Automate case management
Streamline processes and procedures
Centralize case in-take Mobilize financial resources Monitor performance Recruit staff
Mobilize and synergize with stakeholder
Develop quality assurance standards
Develop policies, SOPs, SLAs, guidance notes,
Deploy technology (ICT)
35
Table5: Strategic Objectives, Strategies and Key Activities Strategic Objective Strategies Activities
To improve quality of prosecution services
Enhance professionalism and specialization
Establish a prosecutors training institute Development of curriculum Organize specialized trainings for prosecutors
Enhance capacity on new and emerging crimes
Conduct research on emerging crimes Mapping of new and emerging crimes Establishment of a specialized unit on emerging crimes Implement Asset forfeiture and confiscation mechanisms
Improve quality of prosecution services
Improve case management Centralize case intake Train officers on the new case management system
Facilitate victims of crime and witnesses
Develop and implement a victims of crimes and witness support policy Resource mobilization for victims of crime and witness support Offer victims and witness support to different groups Apply alternative methods to prosecution
Monitor Performance of Prosecution
Review and implement performance management system Creation of performance monitoring tools Pursue ISO Certification Establish a risk management framework
Strategic Objective Strategies
Activities
To establish, maintain and strengthen partnerships, collaborations and networks
Enhance local, regional and international collaboration frameworks
Develop a partnership, networking and collaboration framework Undertake stakeholder mapping Enhance existing partnerships, collaborations and networks Develop thematic prosecutors networks Promote advocacy for redress of capacity gaps in the criminal justice sector Strengthen stakeholder engagement capacity
Mainstream cross cutting Develop and implement policies on
36
Strategic Objective Strategies Activities
issues Cross-cutting issues Develop SOPs Conduct sensitization programmes Monitor and evaluate implementation
Develop a framework for collaboration Establish a national collaborative framework for victims of crime and witness facilitation
Develop and implement a victims of crimes and witness support policy and structures Monitor and evaluate implementation Develop a communication policy
Manage public perceptions Implement sensitization and outreach programmes
Enhance communication platforms develop and implement a social media
framework Strategies Activities
To strengthen policy and legal framework
Comprehensive review of criminal substantive, procedural, and evidentiary laws
Review of criminal substantive, procedural, and evidentiary laws Engage the relevant stakeholders
Initiate legislation on new and emerging crimes and trends Capacity building on the new laws Conduct research and development
Policy Implementation
Sensitization on policies Manage and implement policy
Policy performance evaluation and
reporting Undertake periodic policy reviews Develop structures for victims and
witness facilitation Develop SOPS on victim and witness
facilitation Apply the full-range-of- the- law approach to
Deploy follow-the- money- approach Inter-Agency engagement
Undertake ADR Apply other reliefs and sanctions
37
Strategic Objective Strategies Activities
Inter-agency capacity building
Undertake joint capacity building programmes Advocacy and resource mobilization
Strategic Objective Strategies
Activities
To Strengthen the capacity of ODPP to deliver on its mandate
Improve terms and conditions of service
Review staff establishment to optimum levels
Provide adequate personnel emoluments
Engage with SRC, National Treasury and other government agencies for improvement of staff remuneration.
Provision of adequate office accommodation space.
Provision of adequate relevant tools ( computers, printers, scanners etc) to staff for execution of duties and responsibilities
Development and implementation of staff welfare policy
Establish an ODPP wellness programme
establishment of a mentorship programme
Mobilize resources Prepare and implement annual budgets
Engage development partners for financial and other support
Mainstream cross cutting issues
Mainstream gender, disability and HIV at work place
Develop relevant policies on mainstreaming cross cutting issues
Sensitize the staff on mainstreaming of cross cutting issues
Strategies
Activities
Modernize processes and procedures
Automate case management Procure automated case management system
Establish control systems for the processes and procedures
Establish a Case Management System Section Development & implement ICT and other case management policies and protocols
Establish at least a secure Tier 3 Data Center, firewall, antivirus, intrusion detection systems & recovery and archival/query sites/systems
38
Strategic Objective Strategies Activities
Undertake a comprehensive data migration exercise.
Deploy technology (ICT) Establish reliable, high-speed wireless infrastructures, LAN/WAN/VPN, VoIP, secure email networks in all ODPP offices Procure necessary ICT equipment-computers, servers, virtualization infrastructure, etc. Collaboration Services: Shared calendaring, groupware, personal encrypted backup folders, file transfer services, e-filling Establish web-based interfaces (including mobile platforms) to ensure customer relationship management & staff self-service portals Create public key infrastructure to secure data in transit & rest, including use of digital signatures & cryptographic keys Create central core systems that are uniform across all stations
Acquire servers (Development/staging/testing/administrative servers), Accessories, equipment and workstations. Establish an ODPP Cloud
Streamline processes and procedures
Modernize and develop the appropriate systems and policies Implement the new manual case management process designed by KPMG. Undertake the Pilot of the new manual process.
Centralize case in-take Implement centralized case-in-take in all Counties
Train and Deploy staff Procure Tools
Mobilize financial resources Mobilize resources from GOK & partners
Monitor performance Train all Users Establish and implement a project implementation feedback process Undertake Monitoring and Evaluation of project implementation
39
Strategic Objective Strategies Activities
Recruit staff Hire and train necessary ICT staff to run ICT systems including project management, business analysis, software development, Dev Ops, customer support and user experience teams.
Implement change management strategy Training Needs Assessment
Mobilize and synergize with stakeholder
Ensure interoperability of new systems with other NCAJ actors
Sensitize NCAJ actors on ODPP systems including on referral nodes.
External integrations with Judiciary, Police, KRA, Prisons, EACC, IFMIS systems
Develop quality assurance standards
Develop a Digital Strategy & Solutions Framework
Deploy Enterprise Resource Planning (ERP) System
Strategic Objective Strategies Key Activities To improve the quality of prosecution services
Enhance performance management system
Establish an effective performance management system
Improve case management and centralized case in-take mechanism
Establish a case management system(including a data centre) with a centralized case in-take mechanism
Enhance financial capacity Undertake aggressive resource mobilization to enhance financial capacity & management
Intensify education and training of prosecutors through a continuous learning programme
Establish a Prosecutions Training Institute and operationalize a continuous learning programme Undertake specialized training in thematic areas (economic crime, offences against the person, organized crime, cybercrime, case management, Land & environmental crime, international cooperation, and CFS trainings)
Enhance use and application of Asset forfeiture and confiscation
Enforce use and application of Asset Forfeiture and Confiscation
Enhance and develop the support means to resolve conflicts including victims of crime and witnesses facilitation
Enforce application of Alternatives to prosecution and a victims of crime and witnesses facilitation mechanism
Formulate relevant policies, standards, guidelines SOPS and a comprehensive risk management framework
Develop and disseminate relevant policies, standards, guidelines, SOPs including a comprehensive risk management framework
Strengthen administration and supervision of delegated
Administration and supervision of delegated prosecutorial powers
40
Strategic Objective Strategies Activities
prosecutorial powers
To establish, maintain and strengthen partnership, collaboration and networks
Build and operate strategic engagement tools
To develop a partnership, networking and collaborative framework
Forge strategic partnerships and Collaborations with strengthened stakeholder engagements
Establish collaboration and partnership structures that enhance information, communication and relationship management with stakeholders
Promote advocacy for redress of capacity gaps in the criminal justice sector
Engage in inter-agency capacity building (Training, personnel, equipment, etc)
Strengthen Regional and International relations
Participation in regional and international fora
Participation in professional and membership bodies
To strengthen policy and legal framework for prosecution
Enhance enabling prosecution legislations
Continuous Review of enabling legislations (PC, CPC, EA) including simplification and translation of the laws
Support amendment of criminal justice laws and the development of a justice policy
Recommend and initiate the review and amendment of identified criminal laws to conform to the Constitution and development of a justice policy.
Support harmonization of criminal laws regionally and legislation of new emerging crimes and trends
Identify, recommend and initiate harmonization of criminal laws within the region and legislation of new emerging crimes and trends
Support formulation of county legislations and review of specific relevant policies
Contribute to formulation and implementation of county legislation and review of relevant policies (identify 4 in a year)
Support the development of a national prosecution policy
Initiate the process of development of a national prosecution policy
To strengthen the capacity of ODPP to deliver on its mandate
Enhance human resource capacity
Review staff establishment to optimal levels alongside the performance management system Improve terms & conditions of service (retention mechanism) to include a staff welfare scheme and an ODPP wellness programme Mainstream gender, disability, HIV & sustainable living
Enhance physical infrastructure, resource centers, physical and personnel capacity
Provide adequate physical and modern work space with enhanced staff and asset security Modernize physical infrastructure, equipment and fleet Develop/acquire ODPP Headquarters Establish adequate resource centers
41
Strategic Objective Strategies Activities
and modernize processes and procedures
Improve corporate image and brand
Strengthen corporate image and organizational culture Establish effective communication mechanism
Automate and modernize processes and procedures
Strengthen systems, processes and procedures of work
Streamline the manual processes and procedures
Modernize the systems Enhance case management system
Automate the case management system Capacity building on the developed systems and processes Establish control systems for the processes and procedures Review of the systems
Enhance supply chain management
Monitor and evaluate supply chain management
Enhance monitoring and evaluation of programmes
Develop and implement an M & E framework and benchmark best practice in prosecution services
42
CHAPTER 6 6.0 INSTITUTIONAL FRAMEWORK FOR STRATEGY IMPLEMENTATION
6.1 Introduction
This section presents the strategic plan implementation framework. Specifically, it
documents the structure of ODPP, staff establishment levels, resource mobilization
and funding sources.
6.2 Plan Implementation
The Office of the Director of Public Prosecutions (ODPP) is the National Prosecuting
Authority in Kenya which has been mandated by the Constitution to prosecute all
criminal cases in the country. It Comprises the Advisory board chaired by the DPP
and four functional Departments headed by Deputy Directors of Public Prosecution.
The four departments include: Offences against the person; Economic, International
and Emerging crimes; County Affairs and Regulatory Prosecutions and Central
Facilitation.
6.2.1 Role of DPP
The implementation of the Strategic Plan will be spearheaded by the Director of
Public Prosecutions. Article 157 of the constitution of Kenya empowers the DPP
with the following;
(a) To direct the Inspector-General to investigate any information or allegation of
criminal conduct and the Inspector-General shall comply with any such direction;
(b) Exercise State powers of prosecution and may—
43
1) 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;
2) 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
3) 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;
(c) Formulate and keep under review public prosecution policy;
6.2.2 Role of Advisory Board
Article 16 (1) establishes the advisory board for the ODPP. The Board which is
chaired by the Director of Public Prosecutions comprises the Principal Secretary
responsible for Public Service, Attorney General, Principal Secretary for Treasury,
Chief Registrar of Judiciary, Chairperson of the Law Society of Kenya, Director of
Witness Protection Agency, Chairperson of Kenya National Commission on Human
Rights and the Inspector general of National Police Service. In the implementation of
the Strategic plan, the Board is charged with the following responsibilities;
i. Recruitment and appointment of members of staff of the Office;
ii. Promotions;
iii. Discipline; and
iv. Any other matters that are referred by the Director of Public Prosecutions.
44
6.2.3 Role of ODPP STAFF
The Office of the Director of Public Prosecution comprises the following
i. Director appointed in accordance with Article 157 of the Constitution and
section 8 of the ODPP Act 2013;
i. Deputy Directors;
ii. Secretary of Prosecution Services;
iii. Prosecution Counsel;
iv. Technical staff; and
v. Such other members of staff of the Office as may be appointed from time to
time.
Article 14 (5) prescribes the duties of a public prosecutor as follows:
i. 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;
ii. 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;
iii. keep matters in the possession of the prosecutor confidential, unless the
performance of a duty or the needs of justice require otherwise; and
iv. Consider the views and concerns of a victim where necessary.
Article 12. (1) of the Office of the Director of Public Prosecutions Act, 2013
establishes the position 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. They exercise the powers and functions exercise the powers and
45
functions subject to superintendence, directions and control of the Director. The
office is organized into four Departments each headed by a deputy director as
follows
1) Offences against the Person that has fifteen Divisions and three sections and
its core mandate is the prosecution of all penal code offences and other
offences against the person such as murder, robbery, assaults, sexual and
gender based offences and other similar public order offences
2) Economic, International and Emerging crimes Department is responsible for
prosecutions of all matters relating to counter terrorism, extradition, MLA
and International Cooperation, piracy and maritime
3) The County and Regulatory Department mandate includes handling of
prosecutions in respect of general and regulatory offences such as elections,
environment, natural resources, social security, transportation, sea and land
piracy, and other statutory offences. It is also responsible for administration
and supervision of delegated prosecution services and regulatory
prosecutions
4) The Central Facilitation Services Department oversees the operations of the
various ODPP departments, divisions, sections and units. Its functions include
supervision, coordinating and directing all administrative functions, financial
and human resource matters, preparing and negotiating the performance
contract, coordinating the ODPPs human resource function, providing general
support services in the operations of the ODPP and preparing ODPP Budget.
Figure 1 presents the ODPP Organization chart.
KEY: Administrative Reporting Professional/Technical Reporting
County Affairs Division
Director of Public Prosecutions
Department of Offences against the Person
Department of Economic, International & Emerging
Crimes
Department of County Affairs & Regulatory
Prosecutions
Department of Central Facilitation Services
Executive Secretariat Complaints Reform and Liaison
Penal Code
Offences Division
Sexual & Gender-Based
Offences Division
Counter-Terrorism
Division
Anti-Corruption & Economic Crimes Division
Narcotics, Organized & Cyber Crime Division
Extradition, MLA & International
Co-operation Division
Delegated Prosecution Services Division
Human Rights & Judicial
Review Division
Human Resource Division
Planning Division
Finance Division
Accounts Division
I C T Division
Piracy & Maritime Division
Audit Division
Public Affairs & Corporate Comm. Division
Supply Chain Management Division
Resource Centre Division
General & Regulatory Offences Division
Administration Division
Supreme Court & Appeals Division
Children, Victims & Witness
Support Division
Murder
Section Property
Offences Section
Robbery & Assault
Section
Research & Development
Section
Library Section
Chief County Prosecutor.
Prosecutions Registry Division
Secretary Public Prosecutions
War Crimes, Genocide and
Crimes against Humanity
Division
1
Table 6: Department Responsibility in implementation of the Strategic Plan
Strategic Objective Strategies Key Activities Department/Section/Unit To improve the quality of prosecution services
Enhance performance management system
Establish an effective performance management system
Improve case management
Establish a case management system(including a data centre)
Enhance centralized case in-take
Establish a centralized case in-take mechanism
Strengthen risk management framework
Establish a risk management framework
Enhance victims of crime and witnesses facilitation
Establish a victims of crime and witnesses facilitation mechanism
Improve continuous learning programme
Establish and operationalize a continuous learning programme
Intensify education and training of prosecutors
Establish a Prosecution Training Institute
Undertake specialized training in thematic areas (economic crime, offences against the person, organized crime, cybercrime, case management, Land and environmental crime, international cooperation, and CFS trainings)
Enhance use and application of Asset forfeiture and confiscation
Enhance and develop the support means to resolve conflicts
Enhance application of Alternatives to prosecution
Formulate relevant policies, standards, guidelines and SOPS
Develop and disseminate relevant policies, standards, guidelines, and SOPs
Strengthen administration and supervision of delegate prosecutorial powers
Administration and supervision of delegated prosecutorial powers
To establish, maintain and strengthen partnership, collaboration and networks
Build and operate strategic engagement tools
To develop a partnership, networking and collaborative framework
Forge strategic partnerships and
Establish collaboration and partnership
2
Collaborations structures
Strengthen stakeholder engagements
Enhance information, communication and relationship management with stakeholders
Promote advocacy for redress of capacity gaps in the criminal justice sector
Engage in inter-agency capacity building (Training, personnel, equipment, etc)
Strengthen Regional and International relations
Participation in regional and international for a
Participation in professional and membership bodies
To strengthen policy and Law framework for prosecution
Enhance enabling prosecution legislations
Continuous Review of enabling legislations (PC, CPC, EA) including simplification and translation of the laws
Support the development of a justice policy
Initiate formulation of a criminal justice policy
Support amendment of criminal justice laws
Recommend the review and amendment of identified criminal laws to conform to the Constitution.
Support harmonization of criminal laws regionally
Identify and recommend harmonization of criminal laws within the region
Support legislation of new emerging crimes and trends
Initiate/recommend legislation on new emerging crimes and trends
Support review of specific relevant policies
Contribute to review of relevant policies (identify 4 in a year)
Support formulation of county legislations
Contribute to formulation and implementation of county legislation
Support the development of a national prosecution policy
Initiate the process of development of a national prosecution policy
To strengthen the institutional capacity of ODPP to deliver on its mandate
Enhance human resource capacity
Review staff establishment to optimal levels
Review performance management system
Improve terms and conditions of service (retention mechanism)
Establish a staff welfare
3
scheme Establish an ODPP wellness programme
Mainstream gender, disability, HIV & sustainable living
Enhance physical infrastructure
Provide adequate physical and modern work space
Modernize physical infrastructure, equipment and fleet
Develop/acquire ODPP Headquarters
Enhance resource centers
Establish adequate resource centers
Modernize processes & procedures
Improve corporate image and brand
Strengthen corporate image and organizational culture
Establish effective communication mechanism
Enhance financial capacity
Undertake resource mobilization
Enhance financial capacity & management
Establish a comprehensive risk management framework
Develop and implement a risk management framework
Enhance physical and personnel capacity
Enhance staff and assets security
Enhance supply chain management
Monitor and evaluate supply chain management
Enhance monitoring and evaluation of programmes
Develop and implement an M & E framework
Benchmark best practices in prosecution
Automate and modernize processes and procedures
Strengthen systems, processes and procedures of work
Streamline the manual processes and procedures
Modernize the systems Enhance case management system
Automate the case management system
Capacity building on the developed systems and processes
Establish control systems for the processes and procedures
Review of the systems
4
6.3 Staff Establishment
The ODPP authorized staff establishment is 1,297 comprising 927 prosecution counsel and
370 central facilitation staff. The current number of staff is 939 comprising 582 legal staff
and 357 non-legal. The staff deficit stands at345 prosecution counsel and 13 central
facilitation staff as presented in Table 7 and 8 respectively. During the plan period, the
Office will endeavor to operate at optimal levels through a comprehensive recruitment and
retention of Officers in post. In addition, the Office will aspire to improve terms and
conditions of service in order to retain talented and motivated workforce.
The office is in the process of reviewing the staffing levels following decentralisation of
services to the counties and sub-counties. The proposed staff establishment is 3051
comprising 1861 Legal staff and 1190 corporate services staff.
Table 7 -Current Staffing Levels for Prosecution Counsel (legal staff)
S/No. Designation Grade Job Group Authorised
Establishment
In
post
Vacancies
(+Ve Or –
Ve)
1. Director of Public
Prosecutions
DPP 1 1 1 0
2. Secretary Public
prosecution
DPP 2 T 1 1 0
3. Deputy Director of
Public Prosecutions
DPP 3 S 3 2 -1
4. Senior Assistant
Director of Public
Prosecutions
DPP 4 R 64 41 -23
5. Assistant Director of
Public Prosecutions
DPP 5 Q 35 24 -11
6. Senior Principal
Prosecution Counsel
DPP 6 P 73 25 -48
7. Principal Prosecution
Counsel
DPP 7 N 101 36 -65
8. Senior Prosecution
Counsel
DPP 8 M 163 62 -101
9. Prosecution Counsel II/I DPP 10/9 K/L 272 390 +118
5
10. Chief Prosecution
Assistant
DPP 6 P 34 0 -34
11. Senior Principal
Prosecution Assistant
DPP 7 N 35 0 -35
12. Principal Prosecution
Assistant
DPP 8 M 40 0 -40
13. Prosecution Assistant
III/II/I/Snr
DPP
12/11/10/9
H/J/K/L 105
0 -105
Total 927 582 -345
Table 8.Current Staffing Levels for Central Facilitation Services (Non Legal staff)
S/No Designation Grade Job Group Authorised
Establishment
Inpost Vacancies
(+Ve Or –
Ve)
1. Deputy Director, Central
Facilitation Services
DPP 3 S 1 1 0
2. Snr. Asst. Director of
Administration
DPP 4 R 1 0 -1
3. Snr. Asst. Director HRM DPP 4 R 1 0 -1
4. Chief
Economist/Statistician
DPP 4 R 1 1 0
5. Chief Finance Officer DPP 4 R 1 1 0
6. Chief Accountant DPP 4 R 1 0 -1
7. Senior Assistant Director
ICT
DPP 4 R 1 1 0
8. Chief - Internal Audit DPP 4 R 1 0 -1
9. Senior Assistant Director
Public Communications
DPP 4 R 1 1 0
10. Senior Assistant Director
SCM
DPP 4 R 1 0 -1
11. Senior Assistant Director
HRD
DPP 4 R 1 1 0
12. Senior Assistant Director
Records Management
DPP 4 R 1 1 0
13. Deputy Chief Finance
Officer
DPP 5 Q 1 0 -1
14. Assistant Director HRM DPP 5 Q 1 1 0
15. Assistant Director HRD DPP 5 Q 1 0 -1
16. Assistant Director SCM DPP 5 Q 0 1 0
17. Assistant Director ICT DPP 5 Q 0 1 0
6
S/No Designation Grade Job Group Authorised
Establishment
Inpost Vacancies
(+Ve Or –
Ve)
18. Principal
Statistician/Economist
DPP 6 P 1 0 -1
19. Senior Principal Human
Resource Dev. Officer
DPP 6 P 1 1 0
20. Senior Principal Human
Resource Mgt Officer
DPP 6 P 1 1 0
21. Senior Principal Finance
Officer
DPP 6 P 0 1 0
22. Senior Principal
Administrative Officer
DPP 6 P 0 1 0
23. Principal Human
Resource Dev. Officer
DPP 7 N 1 0 -1
24. Principal Finance Officer DPP 7 N 1 0 -1
25. Principal Administrative
Officer
DPP 7 N 0 1 0
26. Principal HRMO DPP 7 N 1 1 0
27. Principal Public
Communications Officer
DPP 7 N 1 1 0
28. Senior
Statistician/Economist
II/I
DPP 8/7 M/N 2 1 -1
29. Principal Librarian DPP 7 N 1 1 0
30. Principal Accountant DPP 7 N 0 1 0
31. Principal SCMO DPP 7 N 0 1 0
32. Snr. Administration
Officer I
DPP 8 M 1 1 0
33. Senior Accountant I DPP 8 M 1 1 0
34. Senior ICT Officer I DPP 8 M 1 0 -1
35. Senior Records
Management Officer I
DPP 8 M 1 1 0
36. Senior Information
Officer I
DPP 8 M 1 0 -1
37. Senior Supply Chain
Management Officer I
DPP 8 M 1 0 0
38. Executive Secretary DPP 8 M 2 2 0
39. Senior Human Resource
Mgt Officer I
DPP 8 M 0 2 0
40. Senior Records
Management Officer II
DPP 9 L 2 2 0
41. Senior Librarian II DPP 9 L 2 1 -1
42. Senior Internal Auditor DPP 8 M 1 1 0
43. Senior Accountant II DPP 9 L 1 2 +1
44. Snr. Information Officer DPP 9 L 1 1 0
7
S/No Designation Grade Job Group Authorised
Establishment
Inpost Vacancies
(+Ve Or –
Ve)
II
45. Snr. Personal Secretary DPP 9 L 14 28 +14
46. Senior ICT Officer II DPP 9 L 2 2 0
47. Statistician/Economist
II/I
DPP 10/9 K/L 1 2 0
48. Administrative Officer
II/I
DPP 10/9 K/L 1 0 -1
49. Human Resource
Management Officer
II/I/Snr II
DPP 11/10 J/K/L 4 1 -3
50. Human Resource
Development Officer II/I
DPP 11/10 J/K 1 1 0
51. Information Officer II DPP 11 J 0 1 0
52. Principal Driver DPP 11 J 2 0 -2
53. Chief Clerical Officer DPP 11 J 3 5 +2
54. Finance Officer III/II/I DPP 11/10/9 J/K/L 2 1 -1
55. Supply Chain
Management Officer
II/I/Snr II
DPP 11/10/9 J/K/L 2 0 -2
56. ICT Officer II/I DPP 11/10 J/K 5 1 -4
57. Personal Secretary II/I DPP 11/10 J/K 48 37 -7
58. Accountant II/I DPP 11/10 J/K 6 5 -1
59. Internal Auditor III/II/I DPP 11/10/9 J/K/L 1 1 0
60. Telephone Supervisor II/I DPP 11/10 J/K 1 1 0
61. Records Management
Officer III/II/I
DPP
12/11/10
H/J/K 11 7 -4
62. Library Assistant II/I DPP 12/11 H/J 6 1 -5
63. Receptionist Officer
III/II/I
DPP 11/10/9 J/K/L 4 3 -1
64. Research officers II/I/Snr
II.
DPP 11/10/9 J/K/L 3 0 -3
65. Secretarial Assistant /Snr. DPP 13/12 G/H 7 11 +4
66. Supply Chain
Management Assistant
III/II/I/Senior
DPP
12/11/10/9
H/J/K/L 2 5 +3
67. Telephone Operator
II/I/Snr
DPP
14/13/12
F/G/H 2 2 0
68. Prosecution Clerk
IV/III/II/I
DPP
14/13/12/11
F/G/H/J 21 15 -6
69. Clerical Officer II/I/Snr DPP
14/13/12
F/G/H 83 84 +7
70. Administrative Officer DPP 11 J 1 0 -1
8
S/No Designation Grade Job Group Authorised
Establishment
Inpost Vacancies
(+Ve Or –
Ve)
III
71. Human Resource
Management Assistant
III/II/I/Snr.
DPP
12/11/10/9
H/J/K/L 1 0 -1
72. Driver III/II/I/Snr/Chief DPP
16/15/14/13/
12
D/E/F/G/H 28 44 +16
73. Office Asst. III/II/I/Snr. DPP
16/15/14/13
D/E/F/G 69 64
-5
TOTAL
370 357
-13
6.4 Resource Mobilization
The ODPP being a constitutional office will continue to be facilitated by the
government through the National Treasury within its MTEF budget framework in
the implementation of its activities. The Office will lobby for more financial
allocations from the government and improve on its absorption rate through timely
and sound accountability practices. Table 9 presents the projected financial needs
for the Office during the plan period. From the Table, the Office requires Kshs.______
in recurrent expenditure towards successful implementation of all the planned
activities and Kshs. __________ for the development vote.
Table 9: Projected Financial Resources by strategic objective
Strategic Objective
2016-2021 Kshs. Millions
Total 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021 To improve quality of prosecution services 474 650 832 921 1,018 To establish, maintain and strengthen partnerships, collaborations 218 242 261 281 311
9
and networks
To strengthen the policy and legal framework 62 77 72 72 72 To strengthen the institutional capacity of ODPP to deliver on its mandate 2,522 2,872 3,436 3,820 4,249 Automate and modernize processes and procedures 26 246 437 232 152
6.4.2 Funding Gaps analysis
F/Y Projections MTEF Allocations Gaps
2016/2017 3,302
2017/2018 4,087
2018/2019 5,038
2019/2020 5,326
2020/2021 5,802 Total 23,555
6.5 Funding Sources
The plan will be financed by both the exchequer disbursements and funding from
development partners as follows.
6.5.1 MTEF Budget Allocations
The ODPP will lobby for increased and timely exchequer allocations and
disbursements towards the implementation of its activities to achieve its goal of
promoting access to justice.
6.5.2 Development Partners
The ODPP will seek to address any financial gaps through its targeted and extensive
collaborations with various donors and stakeholders in the criminal justice system.
10
CHAPTER 7
7.0 MONITORING AND EVALAUTION FRAMEWORK
7.1 Introduction
This section explains how the Strategic Plan 2016-2021 will be evaluated during
and after implementation to gauge the extent of achievement of intended
performance targets. The evaluation will be carried out using relevant, efficient,
effective, and sustainable impact measures. The goal will be to provide information
that will enable tracking of progress and informed decision making in the
implementation of the Strategic Plan. The specific objectives of the framework are:
To track the implementation of ODPPs activities and establish whether the
objectives have been achieved.
To strengthen capacity of the ODPP in data collection, analysis and use.
To promote utilization of monitoring and evaluation data in further planning
of interventions
To generate an information base for ODPPs timely reporting
The Monitoring and Evaluation process will be coordinated by ODPP’s Planning
Section and a Monitoring and Evaluation Committee will be put in place whose
functions will include:-
a) Formulation, coordination and review of ODPPs Monitoring and
Evaluation policies, processes and procedures;
b) Monitoring progress on implementation of the ODPPs strategic plan and
the Directorate operational plans;
c) Oversight on the development of guidelines, procedures, tools/
instruments and manual for the M & E system;
11
d) Promote M&E capacity development, acceptability and ownership of the
M&E framework across the ODPP; and
e) Undertake evaluation and reporting to management on progress in
achieving high-level benchmarks in the ODPP Strategic Plan.
7.2 DATA COLLECTION, PROCESSING AND ANALYSIS
Major sources of data and information for the ODPP monitoring and evaluation will
include:
i). Programmes Output Data: Information will be collected on the ODPP daily
activities and programmes/projects mainly administrative data relating to the
running of programmes. This information will be captured and reported
through monthly and quarterly reports. Data will be collected through
secondary sources, field visits, workshops and Rapid Assessments.
ii). Strategic Plan Evaluation: The ODPP will carry out a mid-term and end-term
evaluation of its Strategic Plan 2016-2021. This will involve reviewing the
ODPPs performance in implementing the Strategic Plan and focusing on actual
performance against each stated target. To ensure objectivity and acceptance
by the ODPP stakeholders, this activity will be outsourced to external experts.
7.3 REPORTING
The ODPP will develop a standard reporting template for monthly reports to be
used across Departments, Sections and Units. Each department will be expected to
generate a monthly report on summary of activities undertaken. Monthly reports
will largely concentrate on inputs, processes and outputs for use by management for
decision-making.
12
Information on output indicators will be collected through quarterly meetings,
regular programme reports, and annual reports. Outcome indicators will be
generated through periodic evaluations, mid-term evaluations and end-term
evaluation. All collected data will be processed and analyzed by the relevant
Departments. The various reports to be prepared will include:
i. Monthly reports
ii. Quarterly Reports
iii. Annual Review Reports
iv. Mid-term Evaluation Reports
v. End-tern Evaluation Report
7.4 COMMUNICATION AND DISSEMINATION OF REPORTS
To ensure that Reports are widely disseminated to influence effective Programme
management and policy making forums like meetings, workshops, retreats,
seminars and reviews will be used to share the findings and recommendations.
Other channels not limited to newsletters, news release, press conferences, public
debate and electronic (e-mail, social sites, websites) transmission will be used.
7.5 LINKING M & E TO PERFORMANCE MANAGEMENT
To ensure sustainability, a culture of performance management to cover all staff
irrespective of levels will be adopted. This will enable all staff to appreciate their
linkages and contributions to the implementation of the Strategic Plan and the
attainment of the overall objectives of the ODPP.
13
Table 7: PERFORMANCE INDICATORS
Strategic Objective Key Performance Indicator Impact
Indicators
Sources
of Data
To improve quality of
prosecution services
Number of cases screened
Number of cases filed (approved
for prosecution)
Number of cases (returned)
Number of cases (returned
(closed) (Referred EACC)
Centralized case intake-
received, action taken,- court,
instructions, adr, etc)
% of cases successfully
concluded (conviction,
withdrawal, acquittals)
Conviction rate
Resolution rate (total reports)
of cases (Mauritius, S/A ODPP,
Brazil)
Cost of prosecution (fraud, asset
recovery, classification of
crimes)
% of alternative prosecution
Prosecution time (by type of )
% advisories
% complaints
Number of trainings/courses
Number of persons trained
(ODPP, others)
Number of ToTs
Establish institute
Curricula
They capture
people’s change
in behaviour and
attitudes
To establish, maintain
and strengthen
partnerships,
collaborations and
networks
Number of MOUs, SOPs, Joint
trainings, round table
discussions,
Communication strategy
(service charter)
Number of staff
14
trained/sensitized/
Membership to bodies –
subscriptions, attendance,
hosts, state party
representation, )
Number of Fora (local, regional
and international)
Advocacy
Sharing of resources
Inter-agency meetings
(attendance, organized)
To strengthen the policy
and legal framework
CJ policy
Number of policies/laws
initiated, reviewed, amended)
Dissemination of policies
Number of
workshops/seminars
Satisfaction levels – pre-post
test
To strengthen the capacity
of ODPP to deliver on its
mandate
Established institute
Staff recruited
Attrition rate
Welfare scheme
Policies on cross cutting issues
PMS,
Progress Reports- monthly,
quarterly, annual, statutory,
etc)
Customer satisfaction levels
Automate and modernize
processes and procedures
implementation plan for
business
There may be need to define or describe in detail Performance Indicators starting from Input, Process, Output, Outcome to the highest Impact Indicators ascending order.
APPENDIX 1: IMPLEMENTATION MATRIX
Strategic Objective 1: To improve quality of prosecution services Strategies Activities Output
Target Responsibility/ Performance
indicator Time Expected budget (Kshs Million)
Actor Frame 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Enhance professionalism and specialization
Establish a prosecutors training institute
Enhance continuous learning
DPP Prosecutors training academy established
2016/2021 50 100 150 200 200
Development of curriculum
Training curriculum developed
HRD % of curricula developed
2016/2021 10 12 15 10 5
Organize specialized trainings for prosecutors
Enhance specialization
HRD 2016/2021 50 60 70 80 90
Enhance capacity on new and emerging crimes
Conduct research on emerging crimes
Ease of reference of emerging jurisprudence
HoDs % research conducted
2016/2021 10 15 20 25 30
Mapping of new and emerging crimes
Identify emerging crimes
HoDs Compendium developed and disseminated
2016/2021 7 10 15 20 25
Establishment of a specialized unit on emerging crimes
Specialization of emerging crimes
HoDs specialized unit in place
2016/2017 2 0 0 0 0
Implement Asset forfeiture and confiscation mechanisms
Recovery of assets from criminal activities
HoDs Value of assets confiscate
2016/2021 5 4 3 2 1
Improve quality of prosecution
Improve case management
Case management system in
HoDs, ICT Case management system and
2016/2021 250 300 350 400 450
Strategic Objective 1: To improve quality of prosecution services Strategies Activities Output
Target Responsibility/ Performance
indicator Time Expected budget (Kshs Million)
Actor Frame 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
services place tools in place
Centralize case intake
Case intake centralized
HoDs, ICT Centralized case intake operational
2016/2019 2 2 5 0 0
Train officers on the new case management system
Trained officers
HRD Number of officers trained on case management
2016/2019 5 10 15 0 0
Facilitate victims of crime and witnesses
Develop and implement a victims of crimes and witness support policy
Enhance participation of Victims and Witnesses
HoD Victims and witness support policy in place
2016/2018 1 3 0 0 0
Resource mobilization for victims of crime and witness support
Availability of resources to undertake activities
CFO % increase on the budget……Budgetary Allocation for victims and witness support
2016/2021 1 3 5 7 10
Offer victims and witness support to different groups
Victim and Witness support structure in place
HoDs Number of victims and witnesses facilitated per type
2016/2021 50 70 100 120 150
Apply alternative methods to prosecution
Use of ADR and other alternatives to prosecution
HoDs Number of alternatives to prosecution embraced
2016/2018 1 3 2 1 1
Strategic Objective 1: To improve quality of prosecution services Strategies Activities Output
Target Responsibility/ Performance
indicator Time Expected budget (Kshs Million)
Actor Frame 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Monitor Performance of Prosecution
Review and implement performance management system
Performance management on prosecution
HoDs Performance management system in place and operational
2016/2021 10 20 30 15 5
Creation of performance monitoring tools
Performance tools in place
Performance management tools in place
2016/2018 5 3 2 1 1
Pursue ISO Certification
ISO Certification in place
ICT, PLANNING ISO Certification
2016/2021 5 20 30 10 10
Establish a risk management framework
Risk management of various areas
Risk management framework in place
2016/2021 10 15 20 30 40
474
650
832
921
1,018
Strategic Objective 2: Modernize processes and procedures Strategies Activities Output
Target Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Automate case management
Procure automated case management system
Reviewed manual case management process piloted.
DPP, SPP, HODs, Heads of Counties, ICT Division & PMT
% Reduction time in case processing
2017-19 0 20 190 0 0
Strategic Objective 2: Modernize processes and procedures Strategies Activities Output
Target Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Establish control systems for the processes and procedures
A functional automated case management system covering End-to-End processes of all case and core mandate work.
2017-2020 0 0 0 0 0
Establish a Case Management System Section
No. of processes/procedures automated
2017/18 0 2 2 2 2
Development & implement ICT and other case management policies and protocols
2017-19 0 7 8 0 0
Establish at least a secure Tier 3 Data Center, firewall, antivirus, intrusion detection systems & recovery and archival/query sites/systems
2017-2020 0 20 5 6 6
Strategic Objective 2: Modernize processes and procedures Strategies Activities Output
Target Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Undertake a comprehensive data migration exercise.
2018-2020 0 0 60 20 10
Deploy technology (ICT)
Establish reliable, high-speed wireless infrastructures, LAN/WAN/VPN, VoIP, secure email networks in all ODPP offices
No. of processes leveraging on ICT
SPP, HODs, Heads of Counties, ICT Division & PMT
Percentage of ODPP Business Enterprise processes which are ICT ready
2017-18 0 30 5 5 5
Procure necessary ICT equipment-computers, servers, virtualization infrastructure, etc.
2017-2019 0 20 20 20 0
Collaboration Services: Shared calendaring, groupware, personal encrypted backup folders, file transfer services, e-filling
2016-2021 0 5 5 5 5
Strategic Objective 2: Modernize processes and procedures Strategies Activities Output
Target Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Establish web-based interfaces (including mobile platforms) to ensure customer relationship management & staff self-service portals
2017-2019 0 5 5 5 5
Create public key infrastructure to secure data in transit & rest, including use of digital signatures & cryptographic keys
Percentage of processes automated.
2017-2021 20 20 20 20
Create central core systems that are uniform across all stations
2016-2020 1 3 3 3 3
Acquire servers (Development/staging/testing/administrative servers), Accessories, equipment and workstations.
Number of new ICT solutions deployed
2017-2019 0 15 15 15 15
Establish an ODPP Cloud
2018-2019 0 0 0 0 0
Strategic Objective 2: Modernize processes and procedures Strategies Activities Output
Target Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Streamline processes and procedures
Modernize and develop the appropriate systems and policies
No. of manual processes and procedures streamlined/Modernized
SPP, HODs, Heads of Counties & PMT
No. of manual processes, procedures implemented
2017-2018 0 20 0 0 0
Implement the new manual case management process designed by KPMG.
2017-2018 0 15 0 0 0
Undertake the Pilot of the new manual process.
No. of successful pilots
2017-2018 0 16 0 0 0
Centralize case in-take
Implement centralized case-in-take in all Counties
No. of files processed
DPP, SPP, HODs, Heads of Counties & PMT
% reduction in time taken in decision to prosecute.
Centralized case-in-take model operational
%Reduction of wrong decisions to charge.
Train and Deploy staff
Percentage of files returned to investigators or registered in court.
Procure Tools
Strategic Objective 2: Modernize processes and procedures Strategies Activities Output
Target Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Mobilize financial resources
Mobilize resources from GOK & partners
Amount of financial resources allocated and mobilized
DPP, SPP, HODs, Heads of Counties & PMT
Percentage of financial resources of the budget dedicated to modernizing processes and procedures
Monitor performance
Train all Users No. of case management system and M& E staff hired and or trained.
Planning Division
No. of implemented recommendations from Annual Case Management Report
2018-2021 0 0 36 18 18
Establish and implement a project implementation feedback process
Quarterly and Annual M&E reports on case management and policy implementation
Planning Division
2017-2021 0 2 2 2 2
Undertake Monitoring and Evaluation of project implementation
Quarterly and Annual M&E reports on case management
Planning Division
No. of implemented recommendations from quarterly and annual M&E Reports.
2017-2021 0 5 5 5 5
Strategic Objective 2: Modernize processes and procedures Strategies Activities Output
Target Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
No. of existing policies, processes, procedures and systems reviewed, renewed, improved, modified or ended.
Recruit staff Hire and train necessary ICT staff to run ICT systems including project management, business analysis, software development, Dev Ops, customer support and user experience teams.
Optimal staff recruited and trained
Advisory Board, DPP
No. of staff hired and trained
2017-2020 18 36 54 54 54
Implement change management strategy
Percentage Increase in institutional capacity to implement modernized systems
2017-2021 0 0 0 0 0
Strategic Objective 2: Modernize processes and procedures Strategies Activities Output
Target Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Training Needs Assessment
Percentage increase of usage of ICT solutions
2017-2018 0 3 0 0 0
Mobilize and synergize with stakeholder
Ensure interoperability of new systems with other NCAJ actors
Integrated systems at NCAJ
DPP & PMT Percentage of networked NCAJ systems
2016-2021 1 1 1 1 1
Sensitize NCAJ actors on ODPP systems including on referral nodes.
2016-2021 1 1 1 1 1
External integrations with Judiciary, Police, KRA, Prisons, EACC, IFMIS systems
PMT 2016-2021 0 0 0 0 0
Develop quality assurance standards
Develop a Digital Strategy & Solutions Framework
Reviewed ICT policies, manuals and guidelines.
DPP/PMT No. of Appropriate policies, manuals & guidelines developed.
2017-2018 5 0 0 0 0
Deploy Enterprise Resource Planning (ERP) System
Optimized resourcing
Planning Division/PMT
System deployed
2019-2021 0 0 0 50 0
26 246 437 232 152
Strategic Objective 3: To Strengthen the capacity of ODPP to deliver on its mandate
Strategies Activities Output Target
Responsibility/Actor
Performance indicator Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Improve terms and conditions of service
Review staff establishment to optimum levels
Number of reviews done
SPP, HRM Number of reviews done 2016/2017 10
5
-
-
-
Provide adequate personnel emoluments
Number of staff in the ODPP
SPP, FINANCE Number of staff in the ODPP
2016/2021 1,700
1,900
2,300
2,500
2,700
Engage with SRC, National Treasury and other government agencies for improvement of staff remuneration.
Enhanced staff retention
SPP, HRM New Terms and Conditions of service in place
2016/2018 2
-
-
-
-
Provision of adequate office accommodation space.
Conducive working space
SPP, SCM Number of Offices acquired in the county and acquisition of headquarter office space acquired
2016/2021 250
300
400
500
600
Provision of adequate relevant tools ( computers, printers, scanners etc) to staff for execution of duties and
Enhanced team work and sense of belonging
SPP, SCM % increase in tools and equipment acquired
2016/2021 150
200
220
250
300
Strategic Objective 3: To Strengthen the capacity of ODPP to deliver on its mandate
Strategies Activities Output Target
Responsibility/Actor
Performance indicator Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
responsibilities
Development and implementation of staff welfare policy
Improve efficiency
HoDs Approved Staff welfare programme in place
2016/2021 350
380
400
420
450
Establish an ODPP wellness programme
Wellness programme in place
SPP wellness programme in place
2016/2021 30
40
50
70
100
establishment of a mentorship programme
Improve efficiency
HoDs mentorship programme in place
2016/2021 10
15
20
25
30
Mobilize resources
Prepare and implement annual budgets
Annual budgets prepared
SPP Number of annual budgets prepared and implemented
2016/2021 7
10
15
20
25
Engage development partners for financial and other support
Support from development partners
HoDs Number of MoUs signed with development partners
2016/2021 3
5
7
10
12
Mainstream cross cutting issues
Mainstream gender, disability and HIV at work place
Mainstreaming of various issues in the office
HRD % increase in mainstreaming of cross cutting issues
2016/2021 2
5
7
10
15
Strategic Objective 3: To Strengthen the capacity of ODPP to deliver on its mandate
Strategies Activities Output Target
Responsibility/Actor
Performance indicator Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Develop relevant policies on mainstreaming cross cutting issues
Policies developed and implemented
HRD Number of policies developed
2016/2018 5
7
10
12
15
Sensitize the staff on mainstreaming of cross cutting issues
Staff sensitized of cross cutting issues
HRD Number of reports on the workshops held
2016/2018 3
5
7
3
2
2,522
2,872
3,436
3,820
4,249
Strategic Objective 4: To establish, maintain and strengthen partnerships, collaborations and networks
Strategies Activities Output Target
Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Enhance local, regional and international collaboration frameworks
Develop a partnership, networking and collaboration framework
Partnership, networking and collaboration framework in place
DPP No. of MoUs implemented
2016-2021 1 2 2 2 2
%increase in joint engagement forums
2016-2012 12 12 12 12 12
No. of guidelines developed
2017-2021 20 20 20 20 20
Undertake stakeholder mapping
Stakeholder mapping report
Executive Secretariat
No. of stakeholder clusters identified
2016-2017 1 1
Enhance existing partnerships,collaborations and networks
MLA and MOU agreements developed
DPP, SPP, HODs No. of Partnerships and collaboration networks established No. of MLA agreements executed
2016-2021 5 5 5 5 5
Develop thematic prosecutors networks
Work plans, websites, trainings and conferences
No. new thematic networks
2016-2012 2 2 2 2 2
Promote advocacy for redress of capacity gaps in the
Advocacy initiatives undertaken
No. of Capacity gaps addressed
2016-2021 2 2 2 2
Strategic Objective 4: To establish, maintain and strengthen partnerships, collaborations and networks
Strategies Activities Output Target
Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
criminal justice sector No. of advocacy
forums held 2021-2021 0 0 0 0 0
Strengthen stakeholder engagement capacity
Capacity building initiatives on stakeholder engagement
No. sensitization sessions held
2016-2021 2 2 2 2 2
No. of initiatives developed
2016-2021 0 0 0 0 0
No. of staff trained/sensitized
2016-2021 5 5 5 5 5
Mainstream cross cutting issues
Develop and implement policies on Cross-cutting issues
Cross cutting issues addressed
DPP, SPP, HODs, Heads of Counties
No. of policies on cross cutting developed and implemented
2016-2021 7 7 7 7 7
No. of policies developed
2016-2021 0 0 0 0 0
Develop SOPs
SOPs formulated
DPP & SPP No. of SOPs and developed implemented
2016-2021 7 7 7 7 7
Conduct sensitization programmes
Programmes Conducted
SPP & HRD No. of officers trained
2016-2021 15 15 15 15 15
No. of Sensitization sessions held
2016-2021 0 0 0 0 0
Monitor and M&E Planning No. of M&E 2016-2021 2 2 2 2 2
Strategic Objective 4: To establish, maintain and strengthen partnerships, collaborations and networks
Strategies Activities Output Target
Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
evaluate implementation
Reports Division Reports
No. of recommendations implemented
2016-2021 0 0 0 0 0
Develop a framework for collaboration
Framework developed
DPP, SPP, HODs, Exec. Sec. Division
No. of victims of crime and witnesses facilitated
2016-2021 50 70 100 120 150
Establish a national collaborative framework for victims of crime and witness facilitation
Develop and implement a victims of crimes and witness support policy and structures
Policy and structures developed
Policy in place 2017-2018 0 7 0 0 0
No. of structures developed
2016-2021
Percentage increase in budget allocation
Monitor and evaluate implementation
M&E Reports
Planning Division
No. of M&E Reports
2016-2021 2 2 2 2 2
Develop a communication policy
Communication Policy developed
DPP, SPP, HODs, Communication
Communication Policy in place
2017-2018 0 5 0 0 0
Manage public perceptions
Implement sensitization and outreach programmes
sensitization and outreach programmes developed
No. of outreach programmes implemented
2017-2021 50 50 50 50 50
No. of public forums conducted
Strategic Objective 4: To establish, maintain and strengthen partnerships, collaborations and networks
Strategies Activities Output Target
Responsibility/Actor
Performance indicator
Time Frame
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
No. of IEC materials developed and disseminated
Enhance communication platforms
Communication platforms
No. of media engagements
2016-2021 20 20 20 20 20
No of satisfaction surveys conducted
2017-2021 5 5 5 5 5
% increase in customer satisfaction
develop and implement a social media framework
Social media framework developed
DPP, communication
No. of social media platforms developed and implemented
2017-2019 10 3 3 3 3
218 242 261 281 311
Strategic Objective 5: To strengthen policy and legal framework Strategies Activities Output
target Responsibility/Actor
Performance indicator
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Comprehensive review of criminal substantive, procedural, and evidentiary laws
Review of criminal substantive, procedural, and evidentiary laws
Reviewed laws
Law Reform Committee/HODs
Number of laws reviewed
2017-2021 20 20 20 20 20
Engage the relevant stakeholders
Engaged stakeholders
DPP Number of stakeholders engaged
Initiate legislation on new and emerging crimes and trends
Initiated laws
Law Reform Committee/HODs
Number of laws initiated
Capacity building on the new laws
Capacity built
HODs Number of officers trained
Conduct research and development
Research conducted
SPP Number of researches conducted
Number of policy advisories developed
Policy Implementation
Sensitization on policies
Sensitization conducted
SPP Number of sensitization forums
2017-2021 12 12 12 12 12
Number of officers sensitized
Manage and Policy HODs/Planning Number of
Strategic Objective 5: To strengthen policy and legal framework Strategies Activities Output
target Responsibility/Actor
Performance indicator
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
implement policy
implementation monitored
Division policies implemented
Number of reports
Policy performance evaluation and reporting
Performance evaluated
Planning Division Types of evaluation undertaken
Number of reports done
Undertake periodic policy reviews
Periodic review
Planning Division Number of reviews done
Number of reports
Develop structures for victims and witness facilitation
Structures developed
HODs # of structures developed
Type of structures developed
Develop SOPS on victim and witness facilitation
SOPs developed
HODs Number of SOPs developed
Apply the full-range-of- the- law approach to
Deploy follow-the- money- approach
Apply the follow-the-money-approach
HODs Number of cases where model applied
2016-2021 10 25 20 20 20
Strategic Objective 5: To strengthen policy and legal framework Strategies Activities Output
target Responsibility/Actor
Performance indicator
Expected budget (Kshs Million)
2016/2017 2017/2018 2018/2019 2019/2020 2020/2021
Inter-Agency engagement
Agencies engaged
DPP Number of Agencies engaged
Undertake ADR ADR undertaken
HODs Number of cases where ADR applied
% of cases where ADR applied
Apply other reliefs and sanctions
Other reliefs and sanctions applied
HODs Number of cases (of the reliefs and sanctions applied)
Inter-agency capacity building
Undertake joint capacity building programmes
Joint capacity building programmes undertaken
DPP/HODs Number of programmes done
2016-2021 20 20 20 20 20
Advocacy and resource mobilization
Advocacy done Resources mobilized
DPP Amount of resources mobilized
Type of resources
Number of advocacy forums
62 77 72 72 72