Balance of power in kenya: analysing the contribution of the ODPP
Date
2020
Authors
Miano, Antony
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The 2010 constitution of Kenya provides for independent institutions which play an important role in the balance of power among the different branches of government. Their major responsibilities as provided for by article 249 of the constitution includes the protection of the sovereignty of the people and ensuring that all state organs observe democratic values and principles. This research shall focus on the Office of the Director of Public Prosecution. It is understood that the purpose of the ODPP is to conduct public prosecutions. This is a shift made to make public prosecutions independent from the AG, who is also a member of the executive by the fact of being the legal adviser to the executive. The ODPP is expected therefore to carry out fair and independent public prosecutions. This research will seek to find out whether the ODPP has, since its commissioning, discharged its duties in an independent manner. It will further explore cases where its independence has been hindered and what can be done to prevent it in future circumstances. The research will use the theory of separation of powers as well as institutional independence, and qualitative research methodology consulting primary and secondary sources of information
Description
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree,
Strathmore University Law School.