CEU Electronic Theses and Dissertations, 2021
| Author | Deen, Nasiru |
|---|---|
| Title | Preserving the Prosecutorial Integrity of the Office of the Director of Public Prosecutions (D.P.P) in Commonwealth Africa: A Case Study of The Gambia, Kenya and Mauritius |
| Summary | This thesis observes that the Executive arm of the state in the three African commonwealth countries of The Gambia, Kenya, and Mauritius has engaged in the abuse of constitutional powers of prosecution granted to the Office of the Director of Public Prosecutions (D.P.P) for mainly political and corrupt purposes. This abuse of power led to erosion of public trust in the Office of the D.P.P in these countries. Using comparative analysis of constitutional texts of the three aforementioned countries, and some secondary literature, this thesis identifies the constitutional design related factors responsible for this phenomenon, which primarily are a lack of independence of the Office of the D.P.P and the absence of accountability mechanisms for the abuse of prosecutorial powers by the Office of the D.P.P. The thesis recognises that the 2020 Draft Constitution of The Gambia, the 2010 Kenyan Constitution, and the 1968 Mauritian contain provisions on the independence and accountability of the D.P.P. It however finds that there are gaps in these provisions, and in order to better protect the independence and promote the accountability of the D.P.P in these countries, proposes recommendations to address these gaps, drawing from the experiences of all three countries. |
| Supervisor | Bockenforde, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2021/deen_nasiru.pdf |
Visit the CEU Library.
© 2007-2021, Central European University