Decentralization of the Office of the Director of Public Prosecutions and Access to the Criminal Justice System in Nairobi Metropolitan, Kenya

Abstract

Decentralization has globally transformed governance and public services. In Kenya, the ODPP plays a vital role in ensuring just and efficient legal processes. However, prompted by the 2010 Constitution, decentralization has significantly altered Kenya's governance. This study explored the decentralization of the Office of the Director of Public Prosecutions (ODPP) in Nairobi, Kenya, and its impact on access to justice. The main objective was to investigate how decentralization affected the ODPP's operations, with specific objectives to: (1) examine the influence of establishing ODPP field stations on access to justice, (2) investigate the effect of deploying Prosecution Counsel in all court stations, and (3) assess the impact of case management on access to justice. The study was grounded in the Rational Institutional Model and John Rawls' Theory of Justice. The study employed mixed methods research study. This research, conducted at the Office of the Director of Public Prosecutions (ODPP) in Nairobi Region, encompassing multiple prosecution offices, targeted the ODPP staff as the exclusive population. With a sample size of 154 and an actual response rate of 146, the study employed stratified random sampling and convenience sampling. Data collection methods included surveys and key informant interviews. The Statistical Package for Social Sciences (SPSS) version 25.0 was used for analysis, featuring descriptive statistics such as frequencies, means, percentages, and standard deviations. The research findings were presented using user-friendly visual tools like frequency tables, bar charts, and pie charts. Additionally, qualitative data were narratively presented to provide a comprehensive understanding of the study's outcomes. Findings indicated significant improvements across all three objectives. For the first objective, 81% of respondents acknowledged that establishing ODPP field stations improved access to justice, reducing travel distances and waiting times. The correlational analysis showed a significant positive relationship between the establishment of field stations and improved access to justice (r = .62, p < .01). Regarding the second objective, 78.1% of respondents agreed that the deployment of Prosecution Counsel enhanced access to legal representation and improved the quality of legal proceedings. This was supported by a positive correlation between the deployment of Prosecution Counsel and enhanced legal proceedings (r = .54, p < .01). For the third objective, 85% of respondents recognized the positive impact of effective case management practices, such as tracking file movements and guiding criminal investigations, which reduced case backlogs and improved the efficiency of legal processes. The correlational analysis indicated a significant relationship between case management and reduced case backlogs (r = .47, p < .01). In conclusion, the decentralization efforts positively impacted the efficiency and fairness of the justice system in Nairobi. However, challenges such as ensuring uniform efficiency across different regions and addressing the needs of vulnerable groups were noted. Recommendations included enhancing communication strategies, increasing resources, and providing further training for Prosecution Counsel to build on these improvements. These findings contribute to public administration and political science by providing insights into the administrative and ethical implications of decentralization within the Kenyan justice system.