Who prosecutes election-related criminal offences?

Constitution ofKenya 2010

Article 157

157. (1) There isestablished the office of Director of Public

(4) TheDirector of Public Prosecutions shall have power to direct

theInspector-General of the National Police Service to investigate any informationor allegation of criminal conduct and the Inspector-General shall comply withany such direction.

 (6) The Director of Public Prosecutions shallexercise State powers

ofprosecution …’

(12)Parliament may enact legislation conferring powers of prosecution onauthorities other than the Director of Public Prosecutions.

Elections actsection 107(2) & 110 (6)

107.  (2) TheCommission shall have the power to prosecute any

offencesunder this Act and impose sanctions against a person

who commitsan offence under this Act pending the hearing and

determinationof the offence

110. (6) Subject to the provisionsof the Criminal Procedure Code, the Commission may designate any of its officersto conduct any prosecution for an offence under this Act and the Electoral Codeof Conduct, and such officer shall, for that purpose, have all the powersconferred upon a public prosecutor by the Constitution and the CriminalProcedure Code(Cap. 75)

Section 85 CriminalProcedure Code http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Kenya/Kenya%20Criminal%20Procedure%20Act.pdf

Whereas theElections Act expressly makes the power of the Independent Electoral andBoundaries Commission to prosecute election offenders subject to the CriminalProcedure Code, where the said offences are alleged as against candidates,political parties or their agents, the Independent Electoral and BoundariesCommission Act expressly vests the power to investigate and prosecute in theCommission. This express vesting of powers is expressed to be pursuant toArticle 157(12) of the Constitution that allows parliament to enact legislationconferring powers of prosecution on authorities other than the Director ofPublic Prosecutions.