A constitutional standoff between the Attorney General and Director of Public Prosecutions (DPP) is looming on who between the two should be in charge of the Asset Recovery Agency (ARA).

When the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) was enacted in 2009, the Attorney General (AG) prosecuted crimes; and therefore, ARA automatically fell under that office.

However, when Kenya ushered the new Constitution in 2010, the prosecution role shifted from the AG’s office to that of the DPP. The Constitution gave AG a right to represent the government in all cases other than criminal ones.