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Miguna is eyeing Director of Public Prosecutions job

Controversial lawyer Miguna Miguna has revealed that he is eyeing the Director of Public Prosecutions (DPP) vacant position.

The Canadian-based Kenyan lawyer, who had been exiled since 2018, and only returned to the country after the August 2022 elections, revealed his intention through social media.

“For the avoidance of any doubt, YES, I have applied for the position of The Director of Public Prosecutions,” he tweeted.

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The office fell vacant after Noordin Haji was nominated as the new Director General of the National Intelligence Service by President William Ruto in May 2023 after six years of serving as the DPP.

Qualifications for appointment as Director of Public Prosecutions are the same as for the appointment as a judge of the High Court, Article 157(3) says.

Such a person must also have a high moral character, integrity and impartiality.

If the DPP’s office falls vacant, ODPP Act 2 of 2013 directs the President to constitute a selection panel within 14 days to select his or her replacement.

They should comprise members 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 must be drawn from the Law Society of Kenya, the Central Organisation of Trade Unions and the Ethics and Anti-corruption Commission, EACC.

The panel after that conducts interviews of the shortlisted candidates.

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After the interview, it has to shortlist three successful applicants in the order of merit and submit the names to the President.

The President then has 14 days to nominate a candidate and forward the name to the National Assembly for approval.

The National Assembly shall, within 21 days of receiving the nomination, sit to vet and consider the nominee.

Should the nomination be approved by MPs, the Speaker of the National Assembly will then forward the name to the President for appointment of the nominee as the new DPP.

“The President shall, within seven days of receipt of the approved nominee’s name from the National Assembly, by notice in the Gazette, appoint the Director of Public Prosecutions approved by the National Assembly,” the Act states.

The Constitution and ODPP Act of 2013 vests power in the DPP to direct the Inspector General of the National Police Service to investigate any information or allegation of criminal conduct and prefer charges against suspects.

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