Constitution of Kenya, 2010
(6) The Attorney-General shall promote, protect and uphold the
rule of law and defend the public interest.
(7) The powers of the Attorney-General may be exercised in
person or by subordinate officers acting in accordance with general or
special instructions.
Director of Public Prosecutions.
157. (1) There is established the office of Director of Public
Prosecutions.
(2) The Director of Public Prosecutions shall be nominated and,
with the approval of the National Assembly, appointed by the
President.
(3) The qualifications for appointment as Director of Public
Prosecutions are the same as for the appointment as a judge of the
High Court.
(4) The Director of Public Prosecutions shall have power to direct
the Inspector-General of the National Police Service to investigate any
information or allegation of criminal conduct and the Inspector-General
shall comply with any such direction.
(5) The Director of Public Prosecutions shall hold office for a term
of eight years and shall not be eligible for re-appointment.
(6) The Director of Public Prosecutions shall exercise State
powers of prosecution and may—
(a) institute and undertake criminal proceedings against any
person before any court (other than a court martial) in respect
of any offence alleged to have been committed;
(b) take over and continue any criminal proceedings commenced
in any court (other than a court martial) that have been
instituted or undertaken by another person or authority, with
the permission of the person or authority; and
(c) subject to clause (7) and (8), discontinue at any stage before
judgment is delivered any criminal proceedings instituted by
the Director of Public Prosecutions or taken over by the
Director of Public Prosecutions under paragraph (b).
(7) If the discontinuance of any proceedings under clause (6) (c)
takes place after the close of the prosecution’s case, the defendant
shall be acquitted.
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