Director of Public Prosecutions at Public Service Commission Kenya (PSCK)

Job Description

(adsbygoogle = window.adsbygoogle || []).push({}); The Commission dates back to when Civil Service Commission was established by British Colonial Government following Holmes Commission Report, ; Civil Service Commission was advisory to the Governor in matters of appointments; At independence in it was enshrined in the constitution and renamed Public Service Commission; Independence Constitution had Regional PSC’s but abolished in following constitutional amendments; It is the oldest Constitutional Commission and its mandate has expanded over the years. The Commission then constituted of a chairman, a deputy chairman and fifteen members all appointed by the President. The Commission, since then, has handled matters of human resource management in the public service especially the civil service and local authorities. Constitution of Kenya, promulgated on 27th August reconstituted the Commission with a redefined and expanded mandate and a lean membership.

For appointment to this position, a candidate must: 

hold a law degree from a recognized university, or be an advocate of the High Court of Kenya, or possess an equivalent qualification from a common law jurisdiction; have at least ten years experience as a Superior Court Judge or professionally qualified Magistrate; or have at least ten years experience as a distinguished academic orlegal practitioner or such experience in other relevant legal field; or have held the qualifications specified in paragraphs (b) and (c) for a period amounting, in aggregate, to ten years; be of high moral character, integrity and impartiality; meet the requirements of Chapter Six of the Constitution; and demonstrate a high degree of professional competence, communication skills, fairness, good temperament, good judgment in both legal and life experiences and commitment to public and community service.

Duties and Responsibilities

Director of Public Prosecutions shall:

have power to direct the Inspector-General to investigate any information or allegation of criminal conduct and the Inspector-General shall comply with any such direction; exercise State powers of prosecution which may include: instituting and undertaking criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed; taking over and continuing 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; promoting appropriate standards of practice by public prosecutors, assistant prosecutors, and any other person exercising prosecutorial authority under the Office of the Director of Public Prosecutions Act, ; implementing an effective prosecution mechanism so as to maintain the rule of law and contribute to fair and equitable criminal justice and the effective protection of citizens against crime; discontinuing 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; formulating and keeping under review public prosecution policy; cooperating with the National Police Service, investigative agencies, the courts, the legal profession and other Government agencies or institutions so as to ensure the fairness and effectiveness of public prosecutions; setting the qualifications for the appointment of prosecutors; reviewing decisions to prosecute, or not to prosecute, any criminaloffence; advising the State on all matters relating to the administration of criminal justice; be responsible for accounting for State monies received or paid out on account of the Office; submit an annual report to the President and Parliament on the performance and overall fulfillment of the object and purpose of the Office under the Constitution, the Office of the Director of Public Prosecutions Act, and any other written law; and undertake all such other activities as are necessary or incidental to the performance of the functions of the office under the Constitution, the Office of the Director of Public Prosecutions Act, , or any other written law.

TERMS OF SERVICE 

The Director of Public Prosecutions shall hold office for a term of eight years and shall not be eligible for re-appointment. The salary and benefits entitled to the position of Director of Public Prosecutions shall be as determined by the Salaries and Remuneration Commission.