The mandate of ODPP as derived from Article 157 of the Constitution is to institute and undertake prosecution of criminal matters and all other aspects incidental thereto.

Core functions:

The DPP makes the decision to charge and determines what charges should be preferred in a criminal case. The DPP performs the following functions;

1. To institute and undertake criminal proceedings against any person before any court of law other than a court martial in respect of any offences alleged to have been committed by that person;
2. To take over and continue any criminal proceedings instituted or undertaken by another person or authority;
3. To discontinue at any stage before judgment is delivered any criminal proceedings;
4. To direct investigation and guide the conduct of criminal investigations;
5. To handle matters relating to international relations including extradition and Mutual Legal Assistance(MLA);
6. To advise government Ministries, Departments, Agencies and County Governments on matters pertaining to the development and application of criminal law;
7. To monitor, train, appoint and gazette public prosecutors;
8. To facilitate victims of crime and witnesses during prosecution;
9. To contribute and influence policy, procedure and law reform; and to address complaints raised by ODPP clients that is within our mandate.

Other functions include:

• To ensure due regard to the public interest, the interest of the administration of justice and the prevention and avoidance of abuse of legal process;
• To undertake  public prosecution of cases forwarded by all investigation agencies including the Police, Ethics and Anti-corruption Commission, Directorate  of Criminal Investigations (DCI), Banking Fraud Investigations Units (BFIU), and cases taken over from private prosecutors;
• To represent the State in all criminal cases, criminal applications and appeals;
• To advice Government Ministries, Departments and State Corporations on matters pertaining to the application of criminal law;
• To expound and disseminate the National Prosecution Policy (NPP) and the Code of Conduct for Prosecutors;
• To monitor the training, appointment, and gazettement of Public Prosecutors in Statutory Corporations;
• To address parliamentary questions relating to administration of criminal justice;
• To address complaints raised by members of the public, watchdog bodies and other institutions; and
• To Undertake other administrative roles relating to efficient and effective administration of criminal law in the country