Monday, January 28, 2013

Office of The Director of Public Prosecutions Request for Expression of Interest (EOI) for Prequalification of External Advocates


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.
 
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
 
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.