The Office of the Director of Public Prosecutions has been handed a big boost in its quest to have an independent fund after a parliamentary committee approved regulations unlocking Sh2 billion for the kitty.
The National Assembly committee on Delegated Legislation supported the creation of the fund which will have an initial seed capital of Sh2 billion to help the office in improving delivery of services to the public.
The fund to be known as Public Prosecution Fund seeks to assist the Office of the Director of Public Prosecutions (ODPP) to navigate the complex investigations it undertakes and also deal with emerging complexities in the criminal justice system.
“We have reviewed the regulations and are satisfied that they conform to the law and comply with the Statutory Instruments Act,” said the committee chairman Samuel Chepkonga.
The regulations were presented before the committee in July last year by the National Treasury Cabinet Secretary John Mbadi and DPP Renson Igonga.
The Statutory Instruments Act, 2013 gives the committee powers to review, approve or reject regulations, rules and other laws made by the government ministries and agencies in order to ensure the regulations conform to the constitution and do not infringe on the constitutional rights of members of the powers.
The Director of Public Prosecutions (DPP) Renson Ingonga during the launch of the Anti-Corruption Strategic Guiding Framework for Kenya's Justice Sector at Safari Park Hotel in Nairobi on March 25, 2025.
Photo credit: Boniface Bogita | Nation Media Group
Following the approval of the regulations, the committee will now present its report to the House and if adopted, the budget for the fund will be included in the 2026/27 budget.
If adopted by the House, the management and operations of the fund will be guided by the Public Finance Management (Public Prosecutions Fund) Regulations, 2025.
While presenting his case to MPs last year, Mr Igonga told the committee that at the moment the office doesn’t have a fund of its own 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.
Mr Mbadi on the other hand 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.
Treasury Cabinet Secretary John Mbadi.
Photo credit: File | Nation Media Group
“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 in 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 process for witnesses and victims of crimes.
The fund will also support international co-operation and mutual legal assistance in criminal matters, facilitate multi-agency approach in investigations and prosecutions, 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 expense 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.
Office of the Director of Public Prosecutions.
Photo credit: Photo | Pool
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 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.
