The Office of the Director of Public Prosecutions (ODPP) is set to receive a significant financial boost following the approval of regulations by Parliament’s Committee on Delegated Legislation to establish a dedicated Public Prosecutions Fund.
The Sh2 billion fund, proposed under the Public Finance Management (Public Prosecution Fund) Regulations, 2025, is intended to support the ODPP in handling complex criminal investigations, prosecutions, and asset recovery efforts, according to Director of Public Prosecutions Renson Ingonga.
The decision was announced on Thursday during a committee meeting at Bunge Towers, where members considered the regulations and heard testimony from Mr. Ingonga and senior officers from the ODPP. The committee, chaired by Hon. Samuel Chepkong’a (Ainabkoi), unanimously approved the fund, citing the need to strengthen the justice system and accelerate the timely delivery of justice to the public.
“The initial capital of the fund shall be Sh2 billion, appropriated by the National Assembly in the 2026/2027 financial year,” Mr. Ingonga said during the session. “The creation of this independent fund will enhance efficiency in the delivery of justice, support anti-corruption efforts, and ensure our office is well-resourced to handle complex prosecutions and asset recovery operations.”
The proposed Public Prosecutions Fund will be capitalised through multiple sources to ensure sustainability beyond the initial government appropriation. These include:
- Grants and donations from international and local development partners.
- Deferred prosecution agreements and proceeds from plea bargains.
- Compensation and restitution orders issued by courts.
- Proceeds from preservation orders arising from criminal proceedings.
- Interest generated from prudent investments of the fund.
Hon. Chepkong’a underscored that the committee had thoroughly reviewed the proposed regulations to ensure compliance with the Statutory Instruments Act, 2013. “We have reviewed the regulations and are satisfied that they conform to the law and serve the public interest,” he said.
Legal and Institutional Context
The Statutory Instruments Act, 2013 empowers the Committee on Delegated Legislation to review, approve, or reject regulations, rules, and other subsidiary laws made by government ministries and agencies. The committee’s mandate is to ensure that all regulations are legally sound and aligned with public interest objectives.
By approving the Public Prosecutions Fund, the committee has effectively paved the way for the fund’s implementation, subject to subsequent approval by the National Assembly following the committee’s report. The fund will operate as an independent financial mechanism, separate from routine budget allocations, with clear oversight provisions to ensure accountability and transparency in its utilisation.
Implications for Justice Delivery and Anti-Corruption Efforts
Analysts note that the fund could have a transformative effect on Kenya’s criminal justice sector. By providing dedicated resources to the ODPP, prosecutors can expedite investigations, pursue complex economic and corruption-related cases more effectively, and ensure timely recovery of state assets lost through criminal activity.
“The establishment of a ring-fenced fund for prosecutions is a welcome move,” said Lydia Mwikali, a governance and public finance expert. “It reduces dependency on the regular budget, allows for quicker mobilisation of resources for urgent cases, and improves the capacity of the ODPP to pursue cases that may otherwise be delayed due to financial constraints.”
The fund may also strengthen public confidence in Kenya’s legal system, especially as the ODPP continues to tackle high-profile corruption cases. With resources earmarked for asset recovery, the fund could enhance the government’s ability to reclaim stolen public funds and provide restitution to victims.
Next Steps
Following the committee’s approval, a report detailing the regulations and recommendations will be compiled and presented to the National Assembly for debate and final approval. Once ratified, the fund will be operational for the 2026/2027 financial year, with the ODPP expected to begin drawing resources for ongoing and planned investigations and prosecutions.
The creation of the Public Prosecutions Fund represents one of the largest dedicated allocations in recent years aimed at strengthening Kenya’s legal institutions and enhancing the efficiency and effectiveness of criminal justice delivery.
