REPUBLIC OF KENYA

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

PRESENTATION OF THE FINANCIAL YEAR 2014/15 BUDGET ESTIMATES

TO THE NATIONAL ASSEMBLY DEPARTMENTAL COMMITTEE

ON JUSTICE AND LEGAL AFFAIRS

BYKERIAKO TOBIKO, CBS, SC

DIRECTOR OF PUBLIC PROSECUTIONS

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SECTION I: INTRODUCTION

1.0 Background

Mr. Chairman,

The Office Director of Public Prosecutions (ODPP) exercises state powers of prosecution as provided under Articles 157 and 158 of the Constitution.

The Office Director of Public Prosecutions Act (No. 2 of 2013) was enacted to elaborate on the of the prosecution mandate. The Constitution and the ODPP Act provide the powers, functions, accountability and reporting mechanisms for the Office.

1.1 Vision, Mission & Core Values

To define our strategic focus, the ODPP developed the Strategic Plan 2011- 2015which spells out our Vision, Mission, Core Values and Strategic Goals and Objectives.

The Vision of the Office is;“An independent prosecution Authority providing efficient, effective, fair and just prosecution service for the people of Kenya”.

The Mission on the other hand is;“To serve the public by providing quality, impartial and timely prosecution services anchored on the values and principles enshrined in the Constitution”.

The Core Values espoused by the ODPP are; Impartiality and Fairness; Respect and Promotion of Human Rights; the Rule of Law; Integrity and Ethics; Professionalism; Courtesy and Respect, and Teamwork.

1.2 Strategic goals and Objectives At the heart of the ODPP’s strategic focus is the understanding that improved performance is realized through conscious adherence to our vision, mission and strategic goals and objectives. Timely reporting of results is also vital.

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In the FY: 2013/2014 the Office set out to achieve the following strategic objectives:

i. Enhance access to justice;ii. Enhance institutional reform and restructuring;iii. Professionalize prosecution services.iv. Automate and modernize of ODPP processes and procedures.v. Strengthen and promote inter and intra-agency co-operation &

collaboration.vi. Contribute to strengthening legislative and policy framework. vii. Strengthen the facilitation of witnesses and assistance to victims of

offences.

SECTION II: ACHIEVEMENTS IN THE FY 2013/14

2.1 Through the utilization of resources allocated in the FY: 2013-2014, the Office made significant achievements in the realization of its Strategic Objectives. These achievements were in terms of the setting up and transformation of the ODPP. In particular, the achievements are as set out below:-

A. Enhancement of Access to Justice.

i. Decentralization of Prosecution Services: Decentralization of State services is constitutionally required and is prioritized both in Kenya’s developmental blueprint and ODPP’s Strategic Plan. Decentralization of ODPP services is contributing to deepening the rule of law in our Country.

During the FY: 2013-2014 ODPP opened 12 new County Offices bringing its national presence to 42 Counties or 89.4% national coverage. The newly opened County Offices are in the following Counties:-

Baringo Samburu Vihiga Migori Nyamira Siaya Nandi Kwale Makueni West Pokot Kitui Tharaka Nithi

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Plans are at an advanced stage to open the remaining 5 County Offices, namely; Lamu, Mandera, Tana River, Elgeyo-Marakwet and Laikipia by the end of June, 2014. ii. Infrastructural revamping of existing County offices: The Office also

managed during the said period to procure 6 vehicles for County Offices and undertook refurbishment of the following existing offices:-

Head-Office (Nairobi) Voi Kajiado Narok Nyeri Mombasa Machakos Homa Bay Embu Bungoma

iii. Establishment of an Integrated Public Complaints Handling Mechanism: The Office now has a dedicated Complaints and Compliments Section which is testing an Automated Public Complaints Management System. In future, this system will be integrated with similar systems used or being developed by the Judiciary, Commission on Administrative Justice, Kenya National Commission on Human Rights and the National Police Service.

Our Public Complaints Section is working closely with the Judiciary Ombudsman; IPOA; CAJ & the Police Internal Affairs Unit.

This FY year, the Section has so far received and timeously processed 1139 public complaints comprising both walk-in and written complaints.

B. Enhancement of Institutional Capacity.

i. Recruitment of Staff: In the Current FY 2013/14 100 prosecution counsel and 135 non-legal were recruited.

Notably, the Office recruited the Secretary, Public Prosecutions (SPP) and 2 Deputy Directors (DDPPs) to address the leadership and management gaps in the ODPP.

Additionally, 594 vacancies for prosecution counsel and 41 vacancies for non-legal staff have been advertised and the recruitment process is on-going.

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ii. Operationalization of the Organizational Structure: The Office developed the Architecture, Design and Organisational Structure of the ODPP which is in line with the new Constitution and the devolved structure of Government.

In order to enhance specialization, effectiveness and efficiency in our operations, the Office was re-organized into four (3 technical and 1 facilitative) thematic Directorates each headed by a Deputy Director: The thematic directorates are further re-organized into specialized Divisions, Sections & Units, including;

The Narcotics, Cybercrimes & Money-Laundering Division. The Counter-Terrorism Division; The International Crimes Division The Maritime Piracy Division The SGBV Section The Wildlife Crimes Unit; The Human Trafficking Unit The Anti-FGM Unit

iii. Development of Internal policy documents: The Office developed, launched and operationalized the following internal policy documents:-

Career progression guidelines Human Resource Manual Communication Strategy Finance Management Manual

C. Professionalization of prosecution services.

i. Caseload: During the first two quarters of the current FY 2013-2014 the ODPP prosecuted 6344 Criminal Trials, 5077 Appeals, and 1149 Applications. The Office also handled 1682 of Advice files to various Investigative Agencies and processed 38 of Mutual Legal Assistance Requests and Extraditions and 1139 public complaints.

In the first two years since inception, the ODPP achieved an overall conviction rate of 75.4% for all criminal trials concluded.

ii. Development and Review of Prosecution Policy Framework: To provide a sound policy framework for prosecutions that is in line with the Constitution, the Office also reviewed the National Prosecution Policy and Code of Ethics and Conduct for Prosecutors.

Moreover the Office developed General Prosecution Guidelines and thematic prosecution guidelines for various types of offences, including Sexual and Gender-based Violence and Economic Crimes cases.

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iii. Quality Assurance of Prosecutions: In a bid to improve the quality of cases prosecuted, the Office has initiated a pilot projects in Nairobi, Mombasa, Kisii and Meru Counties to control charging decisions before plea-taking through screening of new and existing cases by prosecution counsel. This is in line with Section 23 of the ODPP Act which provides a statutory framework for the control of the decision to charge.

iv. Control of delegated prosecutions

The Office has also moved to regulate delegated prosecutions by setting up a database on all agencies exercising delegated prosecutorial powers and their prosecutors. The Office has so far gazetted 254 prosecutors from 13 and now requires that agencies with delegated powers of prosecutions must file comprehensive monthly and quarterly returns with the Office. A uniform Training Curriculum for these prosecutors is being developed.

v. Taking Over Prosecutions in the Magistracy: In what is historically unprecedented in Kenya’s legal history, Prosecution Counsel were deployed this year to serve in Magistrates’ Court stations across the country i.e. in Nairobi, Baringo, Samburu, Vihiga, Migori, Nyamira, Siaya, Nandi, Kwale, Makueni, West Pokot, Kitui, Tharaka Nithi, Wajir, Lodwar, Narok, Kajiado, Voi, Marsabit, Bomet, Homabay, Kerugoya, Murang’a, Isiolo, Nyahururu, Thika, Meru, Embu, Machakos, Malindi, Nyeri, Meru, Kakamega, Busia, Bungoma, Eldoret, Kitale, Kisii, Kisumu, Kericho, Garisssa, and Nakuru Counties.

I am confident that this will result in increased professionalism in prosecution of cases in the lower courts.

vi. Training and Facilitation of Police Prosecutors: The Office facilitated Police prosecutors in all Magistrates Court stations by providing:-

Equipment: 143 computers, 143 Printers. Prosecution Allowance totalling Kshs 48 million.

We have also organised training courses for a number of Police Prosecutors.

iv.Prosecution-Guided Investigation Model: To improve the quality of investigations, which has a direct impact on prosecutions, the Office has increasingly employed the prosecution-guided investigation model which is an international best practice. This is pursuant to the powers of the Director of Public Prosecutions as provided in Section 5 (3) of the ODPP Act.

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This has been used particularly in major and complex cases, such as the IEBC Case; the Aboud Rogo case; Westgate Mall Attack Case; Busia Gang Rape Case; JKIA Fire Taskforce; Alexander Monson Case; and in Wildlife Crime cases among others.

D. Professional Skills Development: The ODPP continues to be dedicated to staff professional skills improvement and progression through training. The ODPP has trained 548 staff in the different categories as shown below.

 INDIVIDUAL TRAINING NO OF OFFICERS

TRAINING PROGRAME

1 Masters 52 Undergraduate 43 Higher Diploma 14 Diploma 45 Certificate 6  Total 20

  GROUP TRAINING         TRAINING PROGRAME NO OF

OFFICERS1 Trial Advocacy 702 Counter Terrorism 303 Wildlife Crimes 354 International Crimes 215 Cyber Crime 106 SGBV 607 Human Trafficking 308 Induction 1679 Computer Applications 710 customer care 2311 Fraud Investigation & Prevention 512 Electronic Records Management 4

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13 International Institute of Certified Forensic Investigation Professionals (IICFIP) Global forensic Conference

5

14 Records Management 515 Refresher course for drivers 916 SLDP 22/10- 29/11/2013 1217 Senior Management Course 618 Supervisory skills 519 Tailor made course for Heads of

departments 3/2- 7/2/201421

20 Trial Advocacy – electronic evidence and financial analysis

3

  Total 528

The ODPP continues to ensure an inter-agency approach in most of its training programmes.

E. Staff Welfare: The Office developed and submitted to Salaries and Remuneration Commission (SRC) proposals for improved Terms and Conditions of Service for ODPP Staff.

Pending completion of the on-going job evaluation exercise, SRC has approved a prosecutorial allowance; the provision of Group Life Insurance Cover; Group Personal Accident Cover; and a Contributory Pension Scheme for ODPP Staff. SRC is also considering our proposal for a Comprehensive Medical Scheme for ODPP Staff.

F. Automation & Modernization of ODPP processes and procedures: As a strategic objective, the ODPP seeks to harness ICT in order to ensure efficiency in its processes and procedures. To this end, the Office developed an ICT Strategy Framework to guide it on how to leverage on ICT.

Additionally, the Office has initiated a three-phased Automated and Integrated Case Management System development project. So far, the Office has completed phase one, that is, an “As-Is mapping and analysis of the existing case management processes and procedures”.

Furthermore, the Office has continued to undertake networking of its offices across the country.

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G. Promotion of Inter-Agency Collaboration: The ODPP recognizes the need for enhanced collaboration across the criminal justice system – from law enforcement, to our Prosecutors, the Judiciary and the correctional services.

Towards this end, the Office has actively participated in the National Council of Administration of Justice (NCAJ), Court Users Committees (CUCs), Inter-Agency trainings on key criminal justice issues, and forums on improvement of access to justice.

The Office also participated in various inter-agency taskforces and committees on various issues in the Justice Sector, including Sentencing Policy Development, Anti-Doping Policy and Legislation, Review of the Wildlife Conservation and Management Act, Bail and Information and the JKIA fire taskforce among others.

H. Contribution in legislative and policy reforms: The ODPP has spearheaded the Review of the National Prosecution Policy and the Code of Conduct and Ethics for Prosecutors. We have also been involved in the development of legislations such as: Cyber-Crime Bill, Victims of Offences Bill, the Sentencing Policy, Wildlife Conservation and Management and Anti-Doping Policy and Bill. The Office has also developed Plea-Bargaining Guideline and Rules awaiting publication.

I. International Cooperation: ODPP has a fully-fledged Mutual Legal Assistance and Extradition Division which handles cross-border crimes and international legal cooperation.

Also, at international level, the office participated in the 12th Assembly of State Parties to the Rome Statute and the 7th Conference of the States Parties to the United Nations Convention against Corruption.

The ODPP has also been active in various regional and international forums including, the East African Association of Prosecutors, Africa Prosecutors’ Association, International Association of Prosecutors and the Commonwealth Secretariat.

J. Witness/Victims Support: Facilitation and support of Witnesses and Victims of Crime is critical in ensuring an effective Justice system.

In recognition of this, the ODPP during the financial year has set up an operational Children, Witness and Victim Support Division. The Office has also set up pre-trial chambers in its various Offices. The Office collaborates with the Witness Protection Agency in ensuring witness protection. It is also developing a witnesses and victims’ support policy, a Juvenile Justice

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Policy and working out modalities for the roll-out of a national pre-trial witness and victims’ facilitation programme.

K. Second Annual National Prosecution Service Convention: The Office successfully held the second Annual Prosecution Service Convention as provided for under the ODPP Act. This served as a forum for the organization to appraise itself on its performance generally and an opportunity for team building among the staff.

SECTION III - CHALLENGES

3.1 Like all other newly established institutions, the ODPP has been and continues to be faced with a number of challenges. Despite registering noteworthy progress in improvement of service delivery; the Office continues to face a number of challenges, which include:

i) UnderstaffingODPP is currently operating at a 45.3% of the optimal staff establishment. The current in-post of legal staff is 263 against an optimal requirement of 927 which translates to (28.3%), while that of the non legal Staff is currently 337 against an optimal of 370 which translates to 91% of the optimal establishment. This situation negatively impacts on the ODPP’s effectiveness and efficiency.

To address this shortfall the Office is currently undertaking massive recruitment of Prosecution counsel to match the on-going expansion of the Judiciary. There is however a challenge in filling all the vacancies due to inadequate competitiveness of the Office in the job market.

i.) Excessive Case LoadDue to the acute shortage of staff at the ODPP and the huge backlog of cases in court, Prosecution Counsels have had to deal with excessive case and workloads.

There is therefore need to move with speed to fill the approved establishment in order to clear the backlog of cases.

ii.) Unattractive terms and conditions of serviceODPP’s ability to attract and retain staff has been constrained due to unattractive remuneration package offered to the staff compared to that of complementary institutions and agencies. Discussions have already been held with the Salaries and Remuneration Commission and an amended proposal for improved terms submitted. iii.) Emergence of new forms of crimeNew and emerging crimes such as money laundering, drug and human trafficking, cyber crime, terrorism, wildlife crimes and maritime piracy require

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specialized prosecution skills which call for continuous training and skills development.

iv.) Capacity constraints within other criminal justice agencies. The criminal justice is a chain, and is only as strong as its weakest link. A number of the other key agencies within the justice system such as the National Police Service, and the Government Chemist suffer acute capacity constraints which inevitably affect the efficient delivery of services by the entire system.

For instance, in the area of investigation of crime, the lack of a modern National Forensic Crime Lab and forensic investigation skills have greatly hampered the ability of the police to investigate complex and emerging crimes.

v.) Budgetary ConstraintsThe ODPP suffers acute financial constraints due to inadequate budgetary allocation. This, no doubt, has great implications on the expectations of establishing a new office such as the ODPP. An analysis of resource allocations to ODPP versus requirements is from the FY 2011/12 to the FY 2014/15 is shown in figure 1 below:

Fig 1.: Actual allocation vs. Requirement

From figure above, ODPP has received total allocations amounting to Kshs 5.377 billion for the period 2011/12 to 2014/15 against total requirements of Kshs 17.50 billion required to implement the prioritized goals contained in the ODPP Strategic Plan. This represents 30.73% of the required funding for the period.

There is therefore urgent need to enhance funding for a successful implementation of the plan to be achieved.

vi.) Inadequate office accomodation, equipment and facilities

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ODPP continues to enhance its staffing capacity through recruitment. There is therefore a need to acquire more office space and equip them appropriately.

vii.) Limited automation of services The systems in the ODPP are by and large manual, resulting in cumbersome and lengthy processes, as well as delay in the delivery of services. An ICT strategy framework has already been developed and requires funding to implement.

viii.) Inadequate law and policy frameworkSome of the key procedural, evidentiary and substantive criminal laws require urgent review and reforms to ensure prosecutors have the legal arsenal that responds to the ever emerging and complex forms of criminality, as well as technological changes.

ix.) Inadequate structured professional skills developmentThe ODPP’s training of its staff has been ad-hoc, rather than programmatic. There is need to institutionalize a customized and structured training programme by establishing a National Prosecution Institute.

SECTION IV: FINANCIAL YEAR 2014/15 BUDGETARY ALLOCATIONS PRIORITIES 2014/15 FY

2.1 FY 2014/15 Allocation

ODPP submitted resource requirements amounting to Kshs 7.725 billion to the Governance, Justice, Law and Order Sector for the Financial Year 2014/15. The Office has been allocated Kshs 1.851 billion resulting in a resource gap of Kshs. 5.874 billion.

Recurrent Vote and Development VotesThe allocation under the Recurrent Vote is Kshs1.732 billion against a requirement of Kshs 3.927 billion resulting in a deficit of Kshs 2.195 billion while the allocation under the Development Vote is Kshs 119 million against a requirement of Kshs 3.798 billion resulting in a funding shortfall of Kshs 3.679 billion.

The analysis of the allocations is shown in the table below:

Vote

2014/15 Resource Requirements Kshs Millions

2014/15 Printed Estimates Kshs millions

Shortfall Kshs Millions

Recurrent 3,927 1,732 (2,195)Development 3,798 119 (3,679)TOTAL 7,725 1,851 (5,874)

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2.1.1 Analysis of resource requirement and allocation by activity

The table below indicates overall resource allocation against the requirements for the various activities. It also shows main areas where the resources allocated will be applied.

Table 3.1.1 Allocation of resources by activity and priority

EXPENDITURE ITEM DESCRIPTION

Requirements Kshs Millions

Allocation Kshs Millions

Additional Requirement Kshs millions

1.       Compensation to employeesa. Personnel Emoluments to cater for

existing staff1,679.50 1,109.00 570.50

b. Personnel Emoluments to cater for recruitment of Additional 70 Prosecution Counsel Required

107.00 - 107.00

c. Group Personal Accident Insurance 38.00 38.00 -d. Medical Expenses (authority awaited

from the Salaries and Remuneration Commission)

38.91 - 38.91

Total Compensation to employees 1,863.41 1,147.00

716.41

2.     Decentralization of prosecution services

     

a)  Procurement Office Furniture and Equipment to cater for new offices and Police Prosecutors

271.54 47.17 224.37

b)     General Office Supplies 301.64 209.17 92.46c)      Fuel, Oil and Lubricants 49.15 20.37 28.78d)     Office Space 190.28 118.34 71.94e)      Procurement of Motor vehicles 566.80 - 566.80f)        Transport Services 24

1.51 152.53

88.98

g)     Refurbishment of Non Residential Buildings

162.00 53.50 108.50

Total for Decentralization of prosecution services

1,782.92 601.09 1,181.83

3.     Other Priority areas      a) Training and capacity development 110.00 27.91 82.09b) Establishment of a Prosecutors Training

Institute167.50 - 167.50

c) Establishment of Resource centres in all county offices

312.00 10.00 302.00

d) Automation of ODPP operations 418.60 33.40 385.20e) Witness and Victims facilitation 321.00 21 300.00f) Acquisition of a Standalone building for 700.00 - 700.00

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ODPP Headquartersg) Construction of County offices 1,450.00 32.40 1,417.60h) Mortgage Scheme for staff Scheme for

staff500.00 - 500.00

i) Car Loan Scheme for staff 100.00 - 100.00 Total for Other Priorities 4,079.10 103.71 3,975.39Total Requirement versus Allocation 7,725.43 1,851.8

05,873.63

TOTAL ADDITIONAL REQUIREMENT 2014/15 FY    

5,874

2.1.2Disaggregated County/District Budget During the 2014/15 financial year Kshs 913.6 million has been allocated under the Recurrent Vote towards financing implementation of activities in the County and Police Prosecution offices. Of this amount, Kshs 663.2 million is to cater for Personnel Emoluments while Kshs 250.4 million will be utilised for operations and maintenance.

The key areas to be funded under operations and maintenance are as follows:a) Communication supplies Kshs 25.2 millionb) Domestic Travel Kshs 64.8 millionc) Rent Kshs 48.6 milliond) General office supplies Kshs 45 millione) Fuel Kshs 13.3 million

A schedule of the proposed allocations to ODPP and Police prosecution offices is attached as appendix ..... and .......... respectively.

Under the Development vote, Kshs 70.4 million has been allocated and will be utilized as follows:-

i) Kshs 32.4 million for construction of offices in Busia, Narok and Wajirii) Kshs 20 million for refurbishment of offices in Makueni, Kitui, Tharaka

Nithi, Samburu, Baringo, and; Elgeyo Marakwet (See appendix .......)iii) Kshs 18 million for networking in the following offices: Meru, Homa Bay,

Malindi, Murang’a, Kirinyaga, Kisumu, Eldoret, Kericho and Voi (See appendix ...........)

2.2 Comparison of 2013/14 and 2014/15 financial year resources allocation

Table 2.3.1 FY 2013/14 and 2014/15 Allocations

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2013/14 2014/15Allocation in ‘Kshs millions’

Requested in ‘Kshs millions’

Allocation in the GJLO Sector

Printed Estimates in‘Kshs millions’

Deficit in‘Kshs millions’

Recurrent Vote 1,688 3,927 1,864 1,732 2,195Development vote

87 3,798 280 119 3,679

Total 1,775 7,725 2,144 1,851 5,874

From table 2.3.1 above, the total allocation for ODPP is projected to increase from Kshs 1.775 billion in the 2013/14 FY to Kshs 1.851 billion in the financial year 2014/15. This represents a growth of Kshs 76 million or 4.28%. It is imperative to note that the FY 2014-2015 printed estimates are lower than the allocation in the GJLO sector by Kshs 293 million. (See appendix ..........)

2.3 Targets/ Planned Activities for 2014/15 With the above allocations, ODPP targets to undertake the following programmes and activities in the FY 2014/15 as costed above:

1. Decentralization of Prosecution Services: By the close of the current financial year the ODPP will have a presence in all 47 Counties of the Republic.

The next phase of decentralization of ODPP services is moving into sub-county level, that is opening Prosecution Offices in all areas with a Magistrate Court Station. Currently there are 112 Magistrate Court Stations. This will no doubt require massive outlay of funds, in the coming financial year and beyond. Key areas which will require additional resources are office space, tooling and equipping, motor-vehicles, office refurbishment, and ICT infrastructure.

2. Deployment of Prosecution Counsel in all Court Stations: With the on-going recruitment which will significantly boost the prosecutorial strength of the ODPP, we intend to deploy prosecution counsel to serve in all Magistrate Court Stations. To achieve the same, there is a need for continued financial support of ODPP’s recruitment process.

3. Quality Assurance of Prosecutions: The ODPP intends in the coming financial year to set up a quality inspection system to ensure enhanced and uniform service provision.

4. Witness/Victims Support Programme: In FY 2014-2015 the Office intends to actualize a juvenile Justice Policy and a Witness/Victim support policy to ensure that witnesses and victims are supported from the pre-trial to post-trial stages. This will set the stage for the roll out of a national witness and victims support programme and its attendant structures.

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5. Staff Welfare: Following SRC’s approval of Group Life Insurance Cover; Group Personal Accident Cover; and a Contributory Pension Scheme for ODPP Staff, it is imperative to implement these benefits.

The Office will also pursue its proposal to SRC regarding a Comprehensive Medical Scheme for ODPP Staff. The ODPP requires adequate funding to cater for the said benefits, as well as provision of a mortgage and car loan scheme for staff, which will improve ODPP’s competitiveness in the job market.

6. Automation & Modernization of ODPP services/processes: ODPP’s ICT strategy framework requires to be implemented to ensure the Office harnesses ICT to improve service delivery. The Office will continue with its development of an automated case management system, networking of county and sub-county offices and provision of requisite ICT equipment for staff use.

7. Establishment of a National Prosecution Institute: Due to its increasing number of new staff and emerging complex crimes, the ODPP requires an institutionalized, structured way of equipping its staff with the required competencies. To this end, the ODPP considers the establishment of a National Prosecution Institute, an important strategic priority. This will involve the development of a comprehensive training curriculum and manuals, acquisition of office space, and adequate staffing.

8. Establishment of Resource Centres: ODPP staff need modern resource centres which can facilitate research on various issues. The establishment of well-equipped resource centres will also serve the public and help demystify prosecutions in the public sphere.

2.4 Impact of Underfunding in the 2014/15 FY

The allocation to ODPP in 2014/15 FY is inadequate and will lead to delay of achievement of projected targets and slow down access to justice for Kenyans. In particular, the Office will not be able to implement the following key targets:-

a) Personnel emoluments–Kshs 716millionThe National Treasury has already granted ODPP authority to recruit additional 415 staff and a further 214 staff vide Treasury letters Ref. No. ES.124/13/01(18) dated 18th February 2014; and ES.124/13/01(24) dated 21st

March 2014 respectively (see appendix .........).

Apart from the recruitment of additional staff, the Salaries and Remuneration Commission has approved the establishment of a Contributory Pension

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Scheme for ODPP vide letter Ref No. SRC/TS/ODPP/3/32 Vol. 1 (32) dated 25th March 2014. (See appendix .........)

The employer contributions to the proposed scheme will be 15% of the basic salary which translates to Kshs 81.3 million per year.

Taking into account the projected Personnel Emoluments (PE) for staff currently being recruited, contributions to the proposed Contributory Pension Scheme the PE budgetary requirement for the 2014/15 FY is Kshs 1.863 billion. However, the PE ceiling allocation is Kshs 1.109 billion resulting in a shortfall of Kshs 716.4 million as shown in part 1 of table 2.1.2 above.

b) Decentralization of Prosecution Services: Kshs 1.181 billionODPP to date has only 42 operational county offices, twelve (12) of which have been opened in the 2013/14 FY. We are also in the process of opening the remaining 5 before the end of the FY. In the 2014/15 ODPP targets to open 112 Sub-County prosecution offices in every area with a Magistrate court station. Key expenditure areas under decentralization are:

i) Purchase of furniture and Office Equipment- Kshs 224 million ODPP targets to open prosecution offices to cater for 112 Magistrates’ Courts stations countrywide and recruit more staff. These offices and officers need to be adequately equipped and furnished.

ii) Acquisition of office space and refurbishment- Kshs 180.4 million The office will require additional office space in all areas where there are courts. Thus, there is need to enhance the allocation on rent and refurbishment of the offices in order to cater for facilities such as case-file registries, pre-trial chambers and resource centres.

iii)Purchase of vehicles- Kshs 566.8 million The decentralization of prosecution services to the Counties inevitably requires sufficient transportation. Prosecution Counsel are often required to use public transport while handling sensitive cases and visiting scenes of crime. This exposes them to great personal security risk. ODPP County and Sub-County Offices will therefore require purchase of motor-vehicles.

c) Professionalization of prosecution services: There is an urgent need to professionalize prosecution services and thereby enhance access to Justice and its quality in Kenya. To achieve this, ODPP intends to undertake the following:

i) Staff training and capacity Building- Kshs 82.09 million

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With the ongoing massive recruitment of staff, there will be need for intensive training of newly recruited staff to enhance the quality of prosecution. There is also need for continuous training of serving prosecution counsel in view of the changing nature of crime.

ii) Resource Centres – Kshs 302 millionODPP intends to establish resource centres in all County offices to enable prosecutors’ access to relevant information in a timely manner. This will enhance the quality of prosecution through well researched cases.

iii) Establishment of Prosecutors Training Institute – Kshs 167.5million

There is currently no institution locally that offers advanced courses in prosecutorial skills. Obtaining the courses outside the country is very expensive hence the need to establish an institute for continuous training of prosecutors. The institute once operational will develop a curriculum and manuals and be a bastion of criminal justice research in the region.

d) Modernization and automation of Services/processes- Kshs 385 millionThere is an urgent need to ensure that ODPP processes and services are automated and modernized to keep up with technological advancement and increased efficiency in service delivery. The Office developed the ICT Strategy framework in the 2012/13 FY and requires a total of Kshs 629.4 million to automate its services. Out of this, Kshs 385 million is required in the 2014/15 FY. The Office has targeted to undertake the following under the ICT Strategy framework: infrastructure foundations, operational effectiveness, information management collaboration, application systems, continuous Improvement, and Maintenance. The office will also implement phase 2 of the development of case management system project, that is, Deployment of an automated Case Management system at the ODPP.

e) Witnesses and Victims Support- Kshs 301 millionAs a good practice, prosecution counsel are required to conduct pre-trial conferences with witnesses in order to familiarize them with court procedures. This enhances the confidence of witnesses and quality of prosecution. Witnesses should be reimbursed for any expense reasonably incurred in attending the pre-trial interviews. The proposed allocations will be insufficient to accommodate witness facilitation

f) Acquisition of a stand-alone Building for ODPP Headquarters-Kshs 700 million:

One of the Key targets in the ODPP strategic plan is acquisition of a standalone building to house ODPP Headquarters. The justification for this target is as follows:

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(i) Security

The ODPP handles very sensitive matters for which there is need for high level of security and confidentiality. Therefore there is need to ensure enhanced security for both documents and files. Currently, with the office accomodation in NSSF building, security may be compromissed in a number of ways;

a) Prosecutors share offices which may have an effect on confidentiality considering they need to have privacy as they prepare files for Prosecutions.

b) NSSF is a public building where visitors coming in are not thoroughly vetted and hence security of staff may not be fully guaranteed.

c) Security of documents may also not be guaranteed when visitors are not vetted and may lead to compromising ongoing cases.

Acquisition of a stand-alone building to this end therefore will not only enable the ODPP to improve security of staff and documents but also be able to install security systems e.g. CCTV cameras. Additionally, the ODPP is highly constrained in terms of undertaking major security works and developments in leased premises.

(ii) Cost of leasing officesODPP is currently leasing approximately 24,465 square feet for the headquarters office in Nairobi at a cost of Kshs 27.6 million in rent per annum. The office space is not sufficient to cater for ODPP’s needs and at least 50,000 square feet is required accommodate all staff. The total rent will therefore be Kshs 56.4 million per year. This is not economical in the long term and it is therefore more prudent to acquire a stand-alone building.

(iii) Lack of Sufficient Office Space

It has been difficult for ODPP to acquire the required space of 50,000 Square feet within the NSSF building where the Office is currently housed. This means that additional space can only be acquired in alternative premises.

(iv) Recruitment of additional staffSome of the recruited staff will be accommodated in the headquarters. There is therefore need to acquire additional office space to comfortably accommodate them.

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(v) Additional requirements

The ODPP needs at its Head-Office a well-networked and equipped resource centre, Witnesses and victims conference rooms, and well equipped and spacious Registry. There is also a need for sensitive infrastructure for its automated case management system. All the above require substantial resources and it will not be prudent to undertake the activities in leased premises.

g) Construction of County and Sub-county Offices – At least Kshs 280 Million Per AnnumOne of the Key targets of ODPP is to construct offices at all the 47 counties and also in areas with Magistrates Courts which cannot be served by the County headquarters.The total estimated cost for this construction is Kshs 1.4 billion. We propose that the same be undertaken in a phased manner over a period of 5 years.

h) Staff Mortgage scheme- Kshs 500 million There is urgent need to review the terms of service for ODPP staff in order to enhance retention. One of the key proposals to achieve this is the introduction of a staff mortgage scheme. This scheme if introduced will offer loans to staff at subsidized interest rates.

i) Staff car loan scheme- Kshs 100 millionODPP also proposes to introduce a staff car loan scheme as part of benefits and terms of service for the staff. There is need to ensure personal security of Prosecution Counsel while discharging their duties, which is compromised by use of public transportation. There is therefore urgent need to facilitate staff to own vehicles by offering loans at subsidized interest rates.

2.5 CONCLUSION

Mr. Chairman, In conclusion, the three years that ODPP has been in operation have been formative and essential in the realization of the strategic objectives of the ODPP. Prosecutors play an integral and critical role in the administration of justice and the realization of the national development agenda. There is therefore need to provide adequate resources for ODPP to achieve its mandate.

In view of the foregoing, we request that this Committee recommends to the National Assembly that the budgetary allocation for ODPP for the FY 2014-15 be in the areas with shortfalls as outlined above, in order to fully implement the ODPP’s FY 2014-2015 strategic targets.

Mr. Chairman,

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Finally, I sincerely thank your committee and the National Assembly for its continued support in the operationalization of the ODPP.

Thank you.

Dated 13th May, 2014.

KERIAKO TOBIKO, CBS, SCDIRECTOR OF PUBLIC PROSECUTIONS

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