[Rev. 2012]
Criminal Procedure Code
CAP. 75
Delegation of powers by Director of Public Prosecution
The Director of Public Prosecutions may order in writing that all or any of the
powers vested in him by sections 81 and 82, and by Part VIII, be vested for the
time being in the Solicitor-General, the Deputy Public Prosecutor, the Assistant
Deputy Public Prosecutor or a state counsel, and the exercise of those powers by
the Solicitor-General, the Deputy Public Prosecutor, the Assistant Deputy Public
Prosecutor or a state counsel shall then operate as if they had been exercised by
the Director of Public Prosecutions:
Provided that the Director of Public Prosecutions may in writing revoke an order
made by him under this section.
[Act No. 39 of 1951, s. 3, Act No. 12 of 1984, Sch., Act No. 12 of 2012, Sch.]
84. Repealed by Act No. 5 of 2003, s. 69.
APPOINTMENT OF PUBLIC PROSECUTORS
AND CONDUCT OF PROSECUTIONS
85. Power to appoint public prosecutors
(1) The Director of Public Prosecutions, by notice in the Gazette, may appoint
public prosecutors for Kenya or for any specified area thereof, and either generally
or for any specified case or class of cases.
(2) The Director of Public Prosecutions, by writing under his hand, may appoint
any advocate of the High Court or person employed in the public service, to be a
public prosecutor for the purposes of any case.
(3) Every public prosecutor shall be subject to the express directions of the
Director of Public Prosecutions.
[Act No. 22 of 1959, s. 10, Act No. 7 of 2007, Sch., Act No. 12 of 2012, Sch.]
86. Powers of public prosecutors
A public prosecutor may appear and plead without any written authority before
any court in which any case of which he has charge is under trial or appeal; and
if a private person instructs an advocate to prosecute in any such case the public
prosecutor may conduct the prosecution, and the advocate so instructed shall act
therein under his directions.
[Act No. 28 of 1961, Sch., Act No. 13 of 1982, First Sch., Act No. 5 of 2003.]
87. Withdrawal from prosecution in trials before subordinate courts
In a trial before a subordinate court a public prosecutor may, with the consent
of the court or on the instructions of the Director of Public Prosecutions, at any
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