By Tajeu Shadrack Nkapapa
On Thursday, January 24, 2025, the Office of the Director of Public Prosecutions (ODPP) presented its observations and recommendations regarding the proposed Constitutional Amendment Bills before the Justice and Legal Affairs Committee (JLAC) in Parliament, which is chaired by Hon. Murugara George Gitonga.
The legislative proposals being examined include the Constitution of Kenya (Amendment) Bill, 2024, introduced by Hon. Samuel Chepkong’a and Hon. Otiende Amollo, as well as the Constitution of Kenya (Amendment) Bill, 2022, put forth by Hon. Stephen Mutinda Mule and Hon. Robert Gichimu Githinji.
According to the Office of the Director of Public Prosecutions Principal Prosecution Counsel J.V. Owiti presented the ODPP’s recommendations on behalf of the Director of Public Prosecutions, Renson M. Ingonga.
“The ODPP’s submission highlighted the importance of public participation in the legislative process, as enshrined in Article 118(1) of the Constitution, and commended the JLAC for inviting public input on such a critical national matter,” said the ODPP.
“In his presentation, Mr. Owiti noted that while the proposed amendments do not directly impact the mandate of the ODPP, the office recognizes the broader implications of the amendments on national development and governance,” added the ODPP.
The Office of the Director of Public Prosecutions highlighted the importance of the National Government Constituencies Development Fund, which is now being referred to as the National Government Constituencies Decentralized Fund (NGCDF), in promoting social change, especially in the areas of educational infrastructure and financial assistance for students.
“An educated citizenry means less crime and, consequently, a safer Kenya,” stated Owiti.
The Office of the Director of Public Prosecutions (ODPP) has confirmed that the suggested amendments are allowed under Article 256 of the Constitution, which permits constitutional changes via parliamentary initiative.
Additionally, Mr. Owiti emphasized that the 2024 Bill, as a constitutional amendment, is required to be reviewed by both Houses of Parliament in compliance with Articles 255, 256, and 257.
The ODPP further highlighted that the recommendations underscore the importance of aligning legislative processes with constitutional provisions and ensuring that amendments contribute to the overall development and stability of the nation.
The Office of the Director of Public Prosecutions also added that JLAC is expected to consider the recommendations as it deliberates on the proposed amendments.