High Court Blocks PSC from Processing Petition Against DPP Renson Ingonga

The High Court on Friday, March 14, issued an order stopping the Public Service Commission (PSC) from proceeding with a petition that sought the removal of Director of Public Prosecutions (DPP) Renson Ingonga from office.

Justice Bahati Mwamuye granted the order as the court awaits the full hearing of a case challenging the petition, which accused Ingonga of gross misconduct.

Why the Petition Was Filed

The petition was filed by a concerned Kenyan who claimed that the DPP had improperly halted the prosecution of a criminal case.

The petitioner argued that Ingonga was unfit to hold public office because he had allegedly violated the Constitution by terminating the case and redirecting it for civil litigation instead.

In the petition, the complainant stated that Ingonga’s decision went against public interest, the proper administration of justice, and the need to prevent misuse of the legal process, citing Article 175 of the Constitution.

Additionally, the petitioner highlighted that the case in question involved serious threats to their life, which, under Section 223(1) of the Penal Code, Cap 63 of Kenyan law, required prosecution.

The petitioner further argued that by withdrawing the case, the DPP had placed their life at risk and denied them legal protection, thereby violating Article 26 of the Constitution, which safeguards the right to life.

Petitioner’s Request to PSC

Following these claims, the petitioner requested the PSC to investigate Ingonga’s actions and determine whether he should continue serving as the DPP.

As per the Constitution, anyone seeking the removal of the DPP must file a formal petition with the PSC, outlining grounds such as incompetence, misconduct, mental or physical incapacity, or bankruptcy.

Once the PSC receives a petition, it is required to review the claims. If the commission determines that the accusations have merit, it recommends the removal of the DPP to the President.

Steps for Removing a DPP

If the President finds the PSC’s recommendation valid, they must establish a tribunal to conduct further investigations. The tribunal is typically composed of individuals qualified to serve as High Court judges.

During the tribunal’s proceedings, the DPP is suspended from office until the investigations are completed. The tribunal then submits its findings and recommendations to the President, who makes the final decision—either removing the DPP from office or reinstating them if no wrongdoing is found.

Current Status of the Petition

At the moment, it remains unclear whether the PSC has officially received the petition and begun the process of evaluating it.

However, with the High Court’s latest ruling, the commission is temporarily barred from proceeding with the matter until the court makes a final determination on the case.

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