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78 State of Judiciary 2011-2012
Table 7.1: Summary of the Achievements, Challenges and Recommendations of NCAJ Agencies
AGENCY ACHIEVEMENTS CHALLENGES RECOMMENDATIONS
STATE LAW
OFFICE
Ongoing implementation of the
Constitution as Principal Legal Advisor to the
Government
Effectively represented government in court
on matters of national interest
Defined new areas of the implementation of
the Constitution including the delineation of
boundaries, the election date practices of
the Supreme Court and the enforcement of
the Bill of Rights
Participated in establishing CUCs
Limited capacity to address
the volume and complexity of
constitutional litigation
Potential constitutional
challenges to legislation and
effect of its outcomes on
government functions
Office caught between
ensuring compliance with
court pronouncements and
accommodating realities in the
operational environment
Balancing public policy and
public interest considerations;
individual and collective
rights requires the progressive
development of the law
Staff attrition and low retention
rates for experienced staff
Slow pace of decentralisation to
the counties has not matched
that of the Judiciary owing to
limited human and financial
resources.
NCAJ to ensure the justice sector forges
ahead in a unified and structured
manner.
Respond to the need for a sector-wide
approach in capacity-building, staff
policy and resource allocation to assure
quality and synergy in service delivery.
Wider discussions on reform initiatives
which map the respective agency
mandates
Recruitment of additional staff for all the
counties
OFFICE OF THE
DIRECTOR OF
PUBLIC
PROSECUTIONS
Established institutional independence as
the prosecutorial authority following the
promulgation of the Constitution
Operationalised Article 157 of the
Constitution thus conferring ODPP
the requisite operational, financial &
administrative autonomy
Refurbished 16 county offices and began
establishing nine more
Finalised the ODPP Strategic Plan (2011-
2015) The ODPP Bill 2012 is at the final stages
of legislation
Inadequate resource and
budgetary allocation thus
affecting the following:
The quality of human resources;
The quality of the work
environment; ODDP’s capacity to
retain and attract highly qualified
and experienced Staff due to
poor terms of service
Limited prosecutorial capacity
to respond to the emergence
of new & complex forms of
criminality
Bolster NCAJ as it provides the
operational framework for all actors
responsible for the administration of
justice
Develop the executive capacity of the
ODPP
Recruit more prosecutors