Controversial lawyer Miguna Miguna has announced his intention to apply for the vacant position of Director of Public Prosecutions (DPP), according to his recent social media posts. Miguna, who had been living in exile since 2018 and returned to Kenya after the August 2022 elections, took to Twitter to confirm his application for the position.
The DPP position became available after Noordin Haji was nominated as the new Director General of the National Intelligence Service by President William Ruto in May 2023, following his six-year tenure as the DPP. The qualifications required for the appointment as the DPP are outlined in Article 157(3), which states that the qualifications are the same as those for a judge of the High Court. Additionally, the individual must possess high moral character, integrity, and impartiality.
"For the avoidance of any doubt, YES, I have applied for the position of The Director of Public Prosecutions. Cheers." He posted.
In the event of a vacancy in the DPP's office, the ODPP Act 2 of 2013 stipulates that the President must establish a selection panel within 14 days to identify a suitable replacement. This panel is composed of representatives from the Office of the President, the Office of the Attorney General, the Ministry responsible for Public Service, and the Kenya National Commission on Human Rights. Other panel members are selected from the Law Society of Kenya, the Central Organisation of Trade Unions, and the Ethics and Anti-corruption Commission (EACC). The panel then conducts interviews with the shortlisted candidates.
Following the interviews, the panel is required to shortlist three successful applicants in order of merit and submit their names to the President. The President has 14 days to nominate a candidate and forward the name to the National Assembly for approval. The National Assembly then has 21 days to vet and consider the nominee. If the nomination is approved by the Members of Parliament, the Speaker of the National Assembly will forward the name to the President for the official appointment of the nominee as the new DPP.
According to the ODPP Act of 2013 and the Constitution, the DPP holds the authority to direct the Inspector General of the National Police Service to investigate any information or allegation of criminal conduct and initiate charges against suspects.
