A petition seeking to remove Director of Public Prosecutions (DPP) Renson Ingonga from office has been filed after he was accused of halting the prosecution of a criminal case.
The court papers argued that Ingonga was unfit to hold office and violated the Constitution after halting the criminal case and referring it for civil litigation.
In the petition, the petitioner argued that Ingonga had gone against the public interest, the interests of the administration of justice, and the need to prevent and avoid abuse of the legal process as per article 175 of the Constitution.
According to the petitioner, the case in question involved several threats to their life contrary to section 223(1) of the Penal Code, Cap 63 of the laws of Kenya.
The petitioner argued that Ingonga’s decision to withdraw the case threatened the petitioner’s right to life under Article 26 noting that he was deprived of the protection of the law, unlawfully.
Ingonga was accused of abuse of power with the petitioner seeking the intervention of the Public Service Commission (PSC) in launching investigations against the DPP.
The petition called for Ingonga’s removal from office on grounds of being unfit to hold office as stipulated by article 158 which provides the procedure for the DPP’s removal.
As per the Constitution guidelines, a petition seeking the removal of a DPP may be filed to the PSC on the grounds of inability to perform the functions of the office, whether due to mental or physical incapacity, misconduct, incompetence, or bankruptcy.
Once the PSC receives the petition, it must consider the petition and, if it finds that there are sufficient grounds for removal, recommend to the President that the DPP should be removed from office.
If the President is satisfied with the recommendation from the PSC, he shall appoint a tribunal to investigate the matter further.
The law stipulates that the tribunal must consist of individuals qualified for appointment as judges of the High Court. While the tribunal conducts its investigations, the DPP is suspended from office pending the outcome of the investigation.
The tribunal conducts a fair hearing and makes a recommendation to the President. Based on the tribunal’s findings, the President can either remove the DPP from office or reinstate them if no valid grounds for removal are found.
It remains to be seen whether the PSC will take note of the petition and kickstart the process to remove the DPP.
