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Tobiko faults Counties’ recruitment of prosecutors

14 February 2014, 14:25 Samuel Kisika

Nairobi – The Director of Public Prosecutions (DPP), Keriako Tobiko has opposed the County governments’ recruitment of more prosecutors, a move he described as unlawful and a gross violation of the Constitution’s provisions.

Tobiko stated that the independent Office of the DPP is the only one mandated with the responsibility of prosecution of criminal issues as envisaged in Article 157 of  the Constitution.

“Indeed, under the 4th schedule of the Constitution, the enforcement of criminal law is a function of the national government under the Office of the Director of Public Prosecutions,” said Tobiko.

He said that the exclusive prosecution authority is vested in his office and can only be extended to officers across the country through the DPP’s office.  

“Although there is no dispute that the functions of the County governments include establishment and staffing of its public service, such public service can only be for the discharge of functions and exercise of the powers bestowed on the county government either by the constitution or any other written law. As stated, this does not include the powers of prosecution,” explained Tobiko.

He warned that the counties’ unconstitutional appointments of County Prosecutors would remain unlawful.

Tobiko was reacting to the Kakamega County government’s advertisement for the recruitment of County prosecutors noting that the exercise could expose the County administrations to potential criminal guilt for false assumption of authority which is against section 104 (b) of the Penal Code.

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