When The Office Of Director Of Public Prosecutions (ODPP) Fell Foul Of The Law 

  • It has been discovered that Ksh. 1,150,000 was paid as overtime allowances to various officers above job group J contrary to Section C.19 (1) of the Public Service Commission Human Resource Policies and Procedures Manual 2016. The Office of the Director of Public Prosecution also leased space at a commercial building in Mombasa along Moi Avenue/Tewa Road at Ksh. 13,029,744 in rent for 5 years effective from 1st April 2020 with a capacity of 32 staff.However, an audit verification revealed that three-quarters (¾) of the office space was not occupied resulting in an estimated annual loss of public funds of Ksh. 9,772,308

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The office of the Director Of Public Prosecutions (ODPP) is on the spot over alleged malpractices. Investigations reveal that top officers in the ODPP committed offences which need action taken against them in a real case of the hunter now turning out to be the hunted.

Payroll and Human Resources records at the ODPP revealed that 7 employees were appointed in an acting capacity and paid acting allowances totalling Ksh. 1,665,358, they were there for more than 6 months against the procedure. The period exceeds the statutory duration provided for in the Public Service Commission Act, 2017 which states that an officer may be appointed in an acting capacity for at least thirty days but not exceeding six months. In the circumstances, the Management was in breach of the law.

Further, investigations reveal cases of Non-compliance with the staff establishment ceiling where the Office of Director of Public Prosecutions for the year ended 30th June 2022 revealed that 4 job designations exceeded the approved number of staff in the staff establishment with a total of 7. Consequently, the Management was in breach of the law.

Further, it has been discovered that Ksh. 1,150,000 was paid as overtime allowances to various officers above group J contrary to Section C.19 (1) of the Public Service Commission Human Resource Policies and Procedures Manual 2016. The Office of the Director of Public Prosecution leased space at a commercial building in Mombasa along Moi Avenue/Tewa Road at Ksh. 13,029,744 in rent for 5 years effective from 1st April 2020 with a capacity of 32 staff.

However, an audit verification revealed that three-quarters (¾) of the office space was not occupied resulting in an estimated annual loss of public funds of Ksh. 9,772,308 and Ksh. 48,861,540 in five years.

Further, an internal memo dated 8th June 2022 addressed to the Deputy Director of Public Prosecutions indicating that there was no value for money on the rented space was never acted on.

In addition, review of the Lease of another rental space on a building in Machakos Town to accommodate 19 staff more staff at an annual rent of Ksh. 6,451,200 for 6 years effective from 1st April 2017 revealed that three quarter (¾) of the office space was not occupied resulting in an annual loss of public funds of Ksh. 4,838,400.

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