Constitution

Kenyan Constitution, Chapter Nine, Part 4, Article 156 to 157

BY Juma · October 7, 2016 06:10 am

Kenyan Constitution, Chapter Nine, Part 4, Article 156

(1) There is established the office of Attorney-General.
(2) The Attorney-General shall be nominated by the President and, with the approval of the National Assembly, appointed by the President.
(3) The qualifications for appointment as Attorney-General are the same as for appointment to the office of Chief Justice.
(4) The Attorney-General–

(a) is the principal legal adviser to the Government;
(b) shall represent the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings;
and
(c) shall perform any other functions conferred on the office by an Act of Parliament or by the President.

(5) The Attorney-General shall have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the Government is not a party.
(6) The Attorney-General shall promote, protect and uphold the rule of law and defend the public interest.
(7) The powers of the Attorney-General may be exercised in person or by subordinate officers acting in accordance with general or special instructions.

Article 157: Director of Public Prosecutions

(1) There is established the office of Director of Public Prosecutions.
(2) The Director of Public Prosecutions shall be nominated and, with the approval of the National Assembly, appointed by the President.
(3) The qualifications for appointment as Director of Public Prosecutions are the same as for the appointment as a judge of the High Court.
(4) The Director of Public Prosecutions shall have power to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct and the Inspector-General shall comply with any such direction.
(5) The Director of Public Prosecutions shall hold office for a term of eight years and shall not be eligible for re-appointment.
(6) The Director of Public Prosecutions shall exercise State powers of prosecution and may–

(a) 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;
(b) 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
(c) subject to clause (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 under
paragraph (b).

(7) If the discontinuance of any proceedings under clause (6) (c) takes place after the close of the prosecution’s case, the defendant shall be acquitted.
(8) The Director of Public Prosecutions may not discontinue a prosecution without the permission of the court.
(9) The powers of the Director of Public Prosecutions may be exercised in person or by subordinate officers acting in accordance with general or special instructions.
(10) The Director of Public Prosecutions shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority.
(11) In exercising the powers conferred by this Article, the Director of Public Prosecutions shall have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process.
(12) Parliament may enact legislation conferring powers of prosecution on authorities other than the Director of Public Prosecutions.

About Juma

Juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it. (020) 528 0222 or Email: info@sokodirectory.com

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