The Director of Public Prosecutions is seeking the creation of an independent fund with a seed capital of Sh2 billion to assist in the timely delivery of justice to the public.
The fund, to be known as the Public Prosecutions Fund, aims to support the DPP in navigating complex investigations and addressing emerging challenges in the criminal justice system.
National Treasury Cabinet Secretary John Mbadi and the DPP Renson Ingonga have appealed to the National Assembly to approve the establishment of the fund.
The two appeared before the National Assembly Committee on Delegated Legislation for a pre-publication session with MPs over the Public Finance Management (Public Prosecutions Fund) Regulations, 2025, which will govern the operation of the fund.
Mr Ingonga told the committee, chaired by Ainabkoi MP Samuel Chepkonga, that the ODPP currently lacks its own funds to assist in asset recovery.
“As it is now, we don’t have a fund for asset recovery; we depend on the National Treasury,” Mr Ingonga told the committee.
CS Mbadi told the committee that throughout its operations, the ODPP faces several challenges, including new and emerging crime trends and technological advancements in science, information and communication.
“The complexity in administering justice, arising from constitutional imperatives, new law, human rights considerations and diversity in criminal activity and international circumstances needs to be taken into account,” Mr Mbadi told MPs.
Mr Mbadi said the money will go a long way in helping the national collective effort to strengthen the criminal justice system and enhance accountability, transparency and effectiveness in public prosecutions.
“The Public Prosecution Fund will be a cornerstone in transforming our justice system, empowering the ODPP and its partners to conduct more effective, impartial and timely prosecutions. It reflects our government’s commitment to the rule of law, asset recovery and the fight against impunity,” Mr Mbadi said.
The fund, according to documents tabled before the committee, will, among others, help investigative agencies in tracing, preserving, forgetting and recovering assets in the prosecution process, facilitate the preservation of assets in the custody of the investigating agency and support restorative and restitution justice processes for witnesses and victims of crimes.
The fund will also support international co-operation and mutual legal assistance in criminal matters, facilitate a multi-agency approach in investigations and prosecutions, and facilitate technical aid to Kenyan and international experts in complex cases.
In addition, the fund will also facilitate training and capacity building for officers in the criminal justice sector and the office, facilitate partnerships, collaboration and establishment of professional networks with other investigative and prosecution agencies and facilitate any other expenses approved by the board.
According to the draft regulations presented before the committee, the sources of funds shall be monies appropriated by the National Assembly, grants and donations, money from deferred prosecutions, money from proceeds of plea-bargaining agreements and money from proceeds of preservation orders arising from criminal proceedings.
It shall also constitute money from incidental compensation and restitution orders arising from criminal proceedings, income generated from the investments of the fund and any other lawful source of income approved by the Cabinet Secretary.
According to the proposed regulations, the earnings or accruals to the fund shall be retained in the fund and shall be spent only for the purposes for which the fund is established.
The fund shall be managed by a board, which will be known as the Public Prosecutions Fund Advisory Board.
The board shall consist of the Director of Public Prosecutions, who shall also be the chairperson, solicitor general, Principal Secretary for finance, deputy director of witness protection agency, deputy director of public prosecutions and the secretary of prosecution services.
The board, according to the regulations, shall meet at least four times in each year and not more than three months shall elapse between one meeting of the board and the next meeting.
The board shall, among others, oversee the administration of the fund, approve policies to guide the administration of the fund, consider, review and approve the investment policies for the investment of surplus of the fund and approve policies for safeguarding assets of the fund.
