Office of the Director of Public Prosecutions (ODPP) · The core functions of the office of the...

Office of the Director of Public Prosecutions

(ODPP)

STRATEGIC PLAN 2016- 2021

FEBRUARY 2017

ii

OUR MANDATE

To institute and undertake prosecution of criminal matters and all other

aspects incidental thereto

OUR VISION

OUR MISSION

OUR CORE VALUES

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ADVISORY BOARD

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FOREWORD

KERIAKO TOBIKO, CBS, SC

DIRECTOR OF PUBLIC PROSECUTIONS

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ACKNOWLEDGEMENT

MRs. DORCAS ODUOR, MBS

SECRETARY PUBLIC PROSECUTIONS

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TABLE OF CONTENTS

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LIST OF FIGURES

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LIST OF TABLES

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LIST OF ABBREVIATIONS AND ACRONYMS

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EXECUTIVE SUMMARY

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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.

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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;

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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.

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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,

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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

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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.

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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.

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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).

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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

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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.

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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)

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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

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Sensitization-Handling of Government Records 183 Proficiency Training-Clerks 10 Complex Crime Transactions involving Laundering of Criminal Proceeds

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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

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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:

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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.

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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,

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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.

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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,

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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

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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


vi) Academia 1. KISM

Train procurement professionals


2. Universities

Scholarships Cooperation Introduce and develop prosecution curriculum

Ensure staff take relevant courses

Partner with ODPP in matters of criminal justice


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


30

Observation of professional standards

3. International Commission of Justice

To assess the standard of ODPP


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


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


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


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


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


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


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 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


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


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


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


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 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


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


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.

46

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


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


Public Communications

DPP 4 R 1 1 0


SCM

DPP 4 R 1 0 -1


HRD

DPP 4 R 1 1 0


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


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


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


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




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


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




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




Time Frame


2016/2017 2017/2018 2018/2019 2019/2020 2020/2021


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




Time Frame


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




Time Frame


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




Time Frame


2016/2017 2017/2018 2018/2019 2019/2020 2020/2021


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




Time Frame


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




Time Frame


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




Time Frame


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


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 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


2016/2017 2017/2018 2018/2019 2019/2020 2020/2021


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






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 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






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




Time Frame


2016/2017 2017/2018 2018/2019 2019/2020 2020/2021


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





Time Frame


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


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





Time Frame


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





Time Frame


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



2016/2017 2017/2018 2018/2019 2019/2020 2020/2021


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





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





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

Date post:	08-May-2018
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Office of the Director of Public Prosecutions (ODPP) · The core functions of the office of the...

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