The Legal and Prosecutions Directorate is charged with the responsibility of prosecuting offences under the Anti-Corruption Act No 3 of 2012. Section 6 (1) (b) (ii) of the Act also empowers the Commission to prosecute such other offences under any written law that may come to the attention of the Commission in the course of an investigation for corruption. The Anti-Corruption 2012
As such the Legal and Prosecutions Directorate carries out the prosecutorial functions of the Commission which includes:
a. Rendering legal advice on the on-going inquiries and giving legal opinion on dockets upon conclusion of any inquiry.
b. The Department also drafts all charges and consents for DPP’s consideration and prosecutes all cases of corruption and such other offences that may come to the attention of the commission in the course of any investigation of corruption.
c. The Department also represents the commission, in collaboration with the Ministry of Justice, in all civil matters.
d. It also undertake legal research in order to enhance the capacity of the ACC to implement its mandate.
The Directorate is also primarily charged with the responsibility of executing three strategic objectives as contained in the ACC 2009-2013 Strategic Plan. These include;
1. Increase efficiency and effectiveness in investigations and prosecutions in order to improve the clearance rate of cases
2. Review and strengthen the legal framework in order to enhance the effectiveness of the ACC, included in this is the lobbying of government to ratify and domesticate regional and international conventions and protocols on corruption
3. Introduce effective prosecutions management and monitoring systems in order to improve the clearance rate of the cases and introduce a higher rate of convictions.
By the close of 2011, the Commission had recorded a total of 15 convictions from January 2011, and 10 acquittals were also recorded during the same period. In 2010 the Directorate recorded 16 convictions and 6 acquittals, this represented a conviction rate of 72%. By and large the Directorate is making huge strides in achieving its long term objectives and annual targets.
Below is a status summary of cases as at December 31st 2011:
|No of Ordinary cases||
|No.of opinions rendered||
|No. of cases before DPP||
|No. of convictions||
|No. of Acquittals||
|No of High Profile Cases||
|No. of Cases pending Judgement||