The Public Service Commission (PSC) has blamed the Director of Public Prosecutions (DPP), Noordin Haji, for using the courts to interfere with its work.
PSC accuses Haji of seeking court orders stopping it from considering petitions seeking his removal from office.
On Thursday, November 11, the PSC accused the DPP of using courts to interfere with its constitutional mandate of exercising disciplinary control over and removing persons holding or acting in those offices such as his.
The commission stated that the move by DPP Haji was unconstitutional and was sending the wrong message to the public that the prosecutor's office is untouchable.
PSC CEO, Simon Rotich, stated that the court has no jurisdiction to entertain Haji's petition because it amounts to controlling how the commission carries out its work.
"What the DPP is asking this court to do would amount to an unconstitutional order barring PSC from undertaking a constitutional mandate and barring Kenyans from exercising their right to seek justice in the event they feel that the DPP had abused his powers or violated their rights," the PSC CEO said.
Rotich asked the court to dismiss the petition by Haji and allow the commission to render justice in the matter as stipulated in the constitution.
"PSC is constitutionally bound to avail fairness to both parties and whereas it may appear to the DPP that fairness demands that a petition is dismissed, summary dismissal would not appear fair to a petitioner who has lodged a petition for removal of the DPP," he added.
The PSC was responding after the High Court issued orders to the commission on Haji's removal from office following two petitions by people accusing him of inability to execute his mandate objectively.
On Friday, October 29, the court suspended the PSC from considering two petitions seeking the removal of Haji from office pending the hearing and determination of the matter.
The court also issued conservatory orders stopping the DPP's office and Haji from commenting or discussing the matter before the PSC and the High Court in regards to Justice Sankale Ole Kantai.
This came after the family of slain Dutchman, Tob Cohen, sought the removal of Haji from office, citing the mishandling of Cohen's case.
The Cohen family also argued that DPP should be sacked due to his handling of the Direct Line Assurance Limited and the Kenya Medical Supplies Agency (KEMSA) case.
In court documents, the Cohen family stated that the DPP lacked requisite experience and added that Haji had not set foot in any known courts of law.
Another petition was filed by Nairobi-based businessman, Francis Njeru, who alleged that the DPP failed to prosecute two directors of a company who were allegedly charged with forging the land documents in question.
Njeru claimed that the DPP was reluctant to prosecute the two directors because of a conflict of interest since he (Haji) was related to them.
