GuidelinesontheDPPsDecisiontoCharge-ContinuityAmidDiscontinuity
Publication Summary
In this brief, I examine the contemporary institutional, normative and structural contexts of the criminal justice system (CJS) in Kenya, but only as relates to what informs the DPP’s decision to charge or not to charge. The Decision To Charge, 2019 is a policy document by the ODPP and was launched on 30th July 2020. It constitutes the emerging trend of norm generation (if not over-proliferation) by the ODPP in the criminal justice enterprise. The ODPP, notably, has proliferated a number of policy documents since the creation of that office following the promulgation of the Constitution of Kenya 2010. Among others, the DTC has crystallized into a norm of practice within the ODPP replacing its predecessor, the National Prosecution Guidelines.