What and Where?

We are delighted to announce that the IAP, in close collaboration with the Office of the Director of Public Prosecutions in Kenya, will host its 4th IAP African and Indian Ocean Regional Conference in Mombasa, Kenya from 16 – 20 May 2022.

The conference will be hosted at Sarova Whitesands Beach Resort & Spa - Mombasa, Kenya.

 

Who can attend?

The Conference is open for members of the East African Association of Prosecutors (EAAP) and official representatives of IAP Organisational Members, IAP Individual members as well as for some special invited observers and guests. The number of participants is limited to 120. Registration will be accepted on ”first-come first-served basis”.

Online registration will open in 25 April, 2022.

  

Conference Aim

The conference brings together Attorney Generals, Prosecutor Generals and Directors of Public Prosecutions to improve specialised knowledge on Transnational Organised Crime in Africa and to strengthen the prosecutorial networks to continue the sharing of knowledge and experience. The conference is primarily aimed at operational prosecutors and it is expected that there will be lively discussions in a format, which will mix presentations with case studies and panel discussions.

The International Association of Prosecutors (IAP) has a longstanding tradition of organising conferences to provide fora for prosecutors to net- work with colleagues from around the world, and exchange best practices and experiences.

The Annual Conference and General Meeting of the IAP is comparable with a travelling theatre. Even though the venue and geographical context change from year to year, the basic content, structure and performance of the conference stay the same. However, this consistency does not mean strict uniformity - the IAP acknowledges that local traditions may vary and differ from the IAP guidelines, and local identity and customs are welcomed.

Organisational members wishing to Host an Annual Conference should be prepared to meet the requirements set out in this manual.

General Information about the IAP

The International Association of Prosecutors (IAP) is a non-govern- mental, non-political Organisation, and the first and only worldwide or- ganisation for prosecutors. The Association has over 180 Organisational Members, including associations of prosecutors, prosecution authorities and crime prevention agencies. Together with its individual membership the IAP represents over 300.000 prosecutors in over 175 different countries and territories around the world.

The IAP was established on 6 June 1995 at the United Nations Office in Vienna and was formally inaugurated in September 1996 at its first General Meeting in Budapest. The main impetus leading to its formation was the rapid growth in transnational crime, particularly, drug trafficking, money laundering and fraud. An obvious need for enhanced international co-oper- ation between prosecutors was emerging, particularly in the fields of mutual legal assistance, extradition and asset recovery.

The IAP Objects

The IAP Constitution sets out the following Objects of the IAP:

a)  To promote the effective, fair, impartial and efficient prosecution of criminal offences.

b)  To respect and seek to protect human rights as laid down in the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948.

c)  To promote high standards and principles in the administration of criminal justice, including procedures to guard against or address miscarriages, in support of the rule of law.

d)  To promote and enhance those standards and principles which are generally recognised internationally as necessary for the proper and independent prosecution of offences.

e)  To assist prosecutors internationally in the fight against organised or other serious crime, and for that purpose:

− to promote international co-operation in gathering and providing evidence; in tracking, seizing and forfeiting the proceeds of serious crime; and in the prosecution of fugitive criminals.

− to promote speed and efficiency in such international co-operation.

f)  To promote measures for the elimination of corruption in public ad- ministration.

g)  To promote the professional interests of prosecutors and to enhance recognition of their crucial role in achieving criminal justice.

h)  To promote good relations between individual prosecutors and prose- cution agencies; to facilitate the exchange and dissemination among them of information, expertise and experience; and, to that end, to encourage the use of information technology.

i)  To promote examination of comparative criminal law and procedure and to assist prosecutors engaged in justice reform projects.

j)  To co-operate with international juridical organisations in furtherance of the foregoing objects.

The IAP Officers and Organs

The Executive Committee is the governing body of the Association, subject to the authority of the General Meeting which is the body of su- preme authority in the Association. The Association elects a President, up to 9 Vice-Presidents and 21 ordinary members of the Executive Committee. The membership of the Executive Committee reflects the regions in the world, where the Association has members.

The Executive Committee appoints a Secretary-General, who is the Chief Executive of the Association, a General Counsel, who is the principal professional representative of the Association responsible for the professional programme of the IAP and provides legal advice and coun- selling to the Association, and an Executive Director, responsible for the day-to-day management of the Association, to include finances, technical support, communication, membership administration and community outreach.

The Senate of the Association consists of past members of the Executive Committee who elect to join the Senate upon their departure from the Executive Committee, and who are, in the opinion of the President and the Executive Committee, fit and proper persons of good standing and repute in the Association. The Senate operates in conjunction with the President and the Executive Committee. The Senate serves as an advisory body and executes powers to promote the IAP Objects.

The Secretariat of the IAP is based in The Hague, The Netherlands.

The East Africa Association of Prosecutors (EAAP) is an organization of national prosecution authorities (corporate membership) that was established in 2010 with the founding members being national prosecution authorities of the East Africa Community (EAC) whose membership were Burundi, Kenya, Rwanda, Tanzania and Uganda. The association later incorporated South Sudan when it became a Republic and a member of the EAC.

In order to leverage on regional cooperation when it comes to combating transnational organized crimes, as these crimes were no longer limited in the EAC region, it was agreed at the 8th EAAP Annual General Meeting held in Diani, Kenya in 2019, to expand the association to include the neighbouring countries of the EAAP members in what is referred to as the Eastern Africa Region, in order to facilitate greater cooperation. Therefore, at the 9th EAAP Annual General Meeting held in Arusha, Tanzania in 2021, the EAAP admitted into its membership new members from the national prosecuting authorities of DRC, Ethiopia, Malawi, Mozambique, and Zambia.

The EAAP is comprised of 11 national prosecuting authorities of the following countries, Burundi, DRC, Ethiopia, Kenya, Rwanda, South Sudan, Malawi, Mozambique, Tanzania, Uganda and Zambia. The Association has an Executive Committee.

The Association is an independent, non-profit making and non-political body. Its mandate is to promote and facilitate cooperation among its member states through: detection, investigation and prosecution of crimes in the region as well as to offer legal assistance to its members. Association members are represented by their members in the different structures of the Association as determined by the Executive Committee with the approval of the Annual General Meeting which is the highest decision making organ.

The Office of the Director of Public Prosecutions (ODPP) is Kenya’s National Prosecuting Authority. The ODPP is established under Article 157 of the Constitution of Kenya 2010, and is mandated to exercise State powers of prosecution. The ODPP is also empowered to institute and undertake the prosecution of criminal matters.

The ODPP is an independent office and the DPP does not require consent from any person or authority in exercising his powers or functions.

The Functions of the ODPP

The prosecution function of the ODPP is derived from Article 157 of the Constitution of Kenya 2010 and the Office of the Director of Public Prosecutions Act, 2013. This function includes:

a) To institute, take over and continue or discontinue, criminal proceedings against any person, before any court, other than a court martial, in respect of any offence alleged to have been committed.

b) To direct the Inspector General of the National Police Service or any other investigative body to investigate any information or allegation.

c) To provide legal advice to the State, Law Enforcement Agencies, and Government Ministries and Departments on all matters relating to the administration of criminal justice.

d) To handle Mutual Legal Assistance (MLA) and Extradition requests in criminal cases.

In addition, the DPP shall:

(a) Promote appropriate standards of practice by public prosecutors, assistant prosecutors, and any other person exercising prosecutorial authority under this Act;

(b) Implement an effective prosecution mechanism so as to maintain the rule of law and contribute to fair and equitable criminal justice and the effective protection of citizens against crime;

(c) Cooperate with the National Police Service, investigative agencies, the courts, the legal profession and other Government agencies or institutions so as to ensure the fairness and effectiveness of public prosecutions;

(d) Set the qualification for the appointment of prosecutors;

(e) Review a decision to prosecute, or not to prosecute, any criminal offence;

(f) Advise the State on all matters relating to the administration of criminal justice; and

(g) Do all such other things as are necessary or incidental to the performance of its functions under the Constitution, this Act or any other written law.

The Core Values of the ODPP

The ODPP is guided by the national values of patriotism; national unity; sharing and devolution of power; the rule of law; democracy and participation of the people; human dignity; equity; social justice; inclusiveness; equality; human rights; non-discrimination and protection of the marginalized; good governance; integrity; transparency and accountability; sustainable development; and the fundamental principles provided under the Constitution.

In addition, the ODPP is also driven by the following core values:

Transparency – the Office shall be candid while providing prosecution services and shall endeavour to share information with the public and its stakeholders;

Integrity – the Office shall uphold high levels of honesty, ethics, and confidentiality in all its endeavours;

Accountability – the Office shall be answerable to the public in the execution of its mandate;

Professionalism - the Office has institutionalized excellence, efficiency and effectiveness as guiding pillars in delivering prosecution services. Additionally, the Office strives to ensure timeliness in service delivery, continuous improvement, individual initiative and innovation in all its operations;

Independence – the ODPP shall only be subject to the Constitution and shall not be under the control or influence of any person or authority;

Team spirit – the Office shall promote unity and respect for diversity within its organizational structure; and
Innovativeness- the ODPP shall encourage its staff to generate and implement new ideas to improve its service delivery, transforming it into a 21st Century Prosecution Service.

The ODPP Organizational Structure

The Director of Public Prosecutions (DPP) is deputized by the Secretary of Public Prosecutions. The ODPP is structured into Departments headed by Deputy Directors of Public Prosecutions as follows:

a) The Department of Economic, Organized and International Crimes;
b) The Department of Conventional and Related Crimes;
c) The Department of County Affairs and Prosecutorial Services;
d) The Prosecution Training Institute;
e) The Department of Corporate Services; and
f) The Department of Inspectorate and Quality Assurance.

The Executive Office of the Director of Public Prosecutions, which is headed by the Chief of Staff, is responsible for the implementation of policies and strategies for the ODPP.

Enhanced Access to Justice

The Office has decentralised its services through the establishment of nine Regional Offices and 47 County Offices; and presence in 139 Court stations.

The Regional Offices are headed by Regional Coordinators who oversee and manage ODPP services at the Regional, County and Sub- County levels.

Prosecution Service Delivery

The ODPPs service delivery is guided by its Excellence Charter (2020-2023), which outlines strategies for the implementation and realization of its mandate. The objective of the Excellence Charter is to transform the ODPP into a vibrant 21st Century Prosecution Service.

The Excellence Charter outlines the ODPPs strategic commitments, which include:

1. Independence and integrity;
2. Life-long learning;
3. Reshaping prosecutions; 
4. Leadership;
5. Organizational effectiveness; and
6. Inter-Agency Networks.

The Excellence Charter further outlines three thematic approaches in the implementation of the ODPPs mandate. The three approaches include:

1. Re-Learning. This involves equipping prosecutors with the requisite skills and capability necessary to deliver their mandate within a global context;

2. Re-Tooling. This focuses on strengthening, enhancing and growing the existing infrastructure of the Office to meet best practices in prosecution service delivery; and

3. Re-Casting. This envisages a 3C approach that includes collaboration, cooperation and coordination in the Office as an entity, as well as, in association with stakeholders.

ODPP Processes and Procedures

The ODPP has automated its processes and procedures and adopted Performance Management System, E-learning Platform and the Uadilifu Case Management System. Uadilifu comprises of six modules to wit:

a) E-filing, for the filing of new cases. The system is also integrated with the judiciary e-filing system;

b) Case tracking, which enables the office to keep track of all on-going cases;

c) E-disclosure, where prosecutorial evidential documents and materials are shared to the defence electronically;

d) Document tracking, which automates the process of accessing and tracking the movement of all mail and other documents within the Office; and

e) E-reporting, which automates report generation.

The ODPP has further adopted Central Case Intake. The Central Case Intake is a system where investigation files are centrally submitted to the ODPP for screening before they are registered in court for plea taking. The system has been put in place to streamline processes and improve transparency of the decision to charge made by the prosecutors across the country, so that they have a standard procedure on the application of the evidential and public interest tests and ensure uniformity on charges brought before court. With the same standard applied across the board for when the decision to charge is being made. In addition, the Central Case Intake enables the prosecution have a comprehensive record of all matters registered. 

In addition to Uadilifu, the ODPP has developed a Performance Management System and an E-learning Platform.