Office
of The Director of Public Prosecutions
Request for Expression of Interest (EOI) for Prequalification of
External Advocates
The Office of the Director of Public Prosecutions (ODPP) is established by Article 157 of The Constitution of Kenya 2010.
The Office of the Director of Public Prosecutions (ODPP) is established by Article 157 of The Constitution of Kenya 2010.
It
is an independent prosecutorial authority with the powers, among others, to
initiate or commence criminal proceedings and prosecute criminal cases before
any court (except court martials) in Kenya.
Besides
prosecutions, the ODPP also has the responsibility to guide and advise the
police and other criminal investigative agencies in the investigation of crime.
However,
Crime in Kenya, like in many other countries of the world has become more
complex, sophisticated and difficult to investigate and prosecute.
As
the world globalizes and advances in technology, new forms of criminality and
criminal activities have emerged.
These
new forms of crime include:- Transnational organized crime such as
Corruption, Cybercrime, Drug trafficking, Human trafficking, International
fraud, Money laundering, Terrorism, Trafficking in illegal arms, Maritime
piracy, etc.
There
is therefore need for advanced prosecutorial expertise and know-how in the
processing and handling of prosecutions of these forms of crime.
The
Director of Public Prosecutions, therefore, wishes to engage the services of
private legal practitioners interested in being considered for appointments to
act as private counsel in prosecuting these complex forms of crime alongside
the mainstream staff of the Office of Director of Public Prosecutions.
By
engaging the services of these private advocates there will be the added
advantage of transfer of expertise and knowledge as well as sharing experiences
that will go a long way in ensuring that difficult cases are more effectively
and efficiently prosecuted.
In
view of the above, the Office of Director of Public Prosecutions now invites
interested legal practitioners to express their interest in providing the
services of private advocates.
Key
Competencies:-
In
order to qualify for shortlisting, the applicants must:-
a)
Hold a current practicing certificate;
b)
Be of good reputation and standing in the legal profession (this should be
confirmed by the Law Society of Kenya);
c)
Have not less than fifteen (15) years post-admission experience in the superior
courts;
d)
Have extensive and successful experience in:
(i)
Criminal practice and litigation;
(ii)
Procurement law; Corporate Law and Finance and Securities Regulations;
(iii)
Constitutional, Human Rights and Administrative Law and Practice;
(iv)
International Criminal and transitional Justice.
e)
Be well versed in international co-operation in criminal matters including, but
not limited to, Extradition and Mutual Legal Assistance.
Scope
of Assignment:-
The
Scope of works includes, but is not limited to the following:-
(i) Review of
investigations files and give legal advice;
(ii)
Conduct
ensuing prosecutions on behalf of the Director of Public Prosecutions;
(iii)
Handle
any appeals, review applications and other proceedings related to, or connected
with, and or arising from criminal investigations or prosecutions to which the
Office of Director of Public Prosecutions is a party.
(iv)
Act
as Lead Counsel to prosecution counsel of the Office of the Director of Public
Prosecutions.
(v) Review concluded
cases and emerging criminal jurisprudence and advice the DPP on improvement of
prosecutorial policy and strategy as well as reform of relevant penal,
evidentiary and procedural laws.
Applicants
should ensure that their Expression of Interest demonstrates how they meet the
above eligibility criteria and qualifications.
Shortlisted
applicants will be placed on an eligibility list for further screening and
evaluation through Request for Proposals (RFP) as per the guidelines contained
in the Public Procurement and Disposal Act, 2005; and the Public Procurement
and Disposal Regulations, 2006.
The
Expressions of Interest should be sealed and marked “Expression of Interest for
selection of External Advocates” and addressed and sent to:-
The
Director of Public Prosecutions
NSSF Building
19th Floor
Eastern Wing
P.O. Box 30701-00100
Nairobi
NSSF Building
19th Floor
Eastern Wing
P.O. Box 30701-00100
Nairobi
So
as to reach the above address on or before 12th February, 2013 at 10.00 a.m.
Request
for proposal documents (RFP) will be issued to shortlisted applicants only.