Parliament raises concerns over ODPP’s 'special fund' proposal
The National Assembly Committee on Delegated Legislation raised questions over the fund’s purpose and legality, saying it risked overlapping with the Asset Recovery Agency (ARA) and lacked clear definitions on how it would operate.
Plans by the Office of the Director of Public Prosecutions (ODPP) to establish a special fund have drawn sharp criticism from Parliament, with a key committee warning that the proposed regulations are unclear and could duplicate the work of other government agencies.
The National Assembly Committee on Delegated Legislation raised questions over the fund’s purpose and legality, saying it risked overlapping with the Asset Recovery Agency (ARA) and lacked clear definitions on how it would operate.
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Bonchari MP Charles Onchoke questioned whether the new fund was necessary, asking, “The Directorate of Criminal Investigations (DCI) and the ODPP are carrying out these functions. Is it that they are not doing their work well? Why does the country need a fund for similar functions?”
Director of Public Prosecutions Renson Ingonga, appearing before the committee, defended the plan and said the fund would enhance criminal asset recovery, which he said falls under his office’s jurisdiction.
However, Mathare MP Anthony Oluoch asked, “Are you going to start doing the work of another organisation?”
The leaders insisted that the ARA, established under Section 53 of the Proceeds of Crime and Anti-Money Laundering Act, is already tasked with identifying, tracing, freezing and confiscating crime proceeds.
In response, Ingonga said the ARA handles civil recovery, while the ODPP’s role is on the criminal side.
Another issue raised was the draft regulation’s definition of “deferred prosecution,” described as a form of amnesty in return for meeting unspecified conditions. MPs strongly objected to the phrase “certain requirements,” saying it was too vague and could be abused.
“This should not be allowed to pass. What is meant by ‘certain requirements’ needs to be questioned and clarified,” said Kathiani MP Robert Mbui.
Committee chair Samuel Chepkonga added, “What are these ‘certain requirements’? Can you provide the specifics?”
Treasury Cabinet Secretary John Mbadi urged the committee to approve the draft, saying the ODPP is grappling with evolving crime trends, changes in science and technology, and complex justice demands.
“The complexity in administering justice, arising from constitutional imperatives, new laws, human rights considerations and diversity in crime and international circumstances, needs to be taken into account,” Mbadi told the committee.
He said the fund would enhance transparency, efficiency and speed in handling prosecutions, while also boosting the wider fight against impunity.
“The fund will transform our justice system and empower the ODPP and its partners to conduct more effective and timely prosecutions,” he said. “It reflects the commitment of the government to the rule of law, asset recovery and the fight against impunity.”
Ingonga added that the fund would support cross-border cooperation, joint investigations, legal support in complex prosecutions, and training of prosecutors and officers.
“The fund will facilitate training for officers in criminal justice and the office, facilitate partnerships and establish professional networks,” he said.
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