The High Court on Friday, March 14, issued orders barring the Public Service Commission (PSC) from considering a petition seeking the removal from office of Director of Public Prosecution (DPP) Renson Ingonga.
The orders were issued by Justice Bahati Mwamuye pending the hearing of a case filed challenging the petition that had accused Ingonga of gross misconduct.
The petition was filed by a Kenyan who claimed that the DPP had halted the prosecution of a criminal case. In his petition, the Kenyan argued Ingonga should be considered unfit to hold public office and had 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.
As such, the petitioner sought the intervention of the PSC to begin conducting investigations into the conduct of the DPP.
As per the Constitution’s guidelines, a petition seeking the removal of a DPP may be filed with 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.
Even so, it is unclear whether the PSC has acknowledged receipt of the petition and kickstarted the process to remove Ingonga.
