The High Court has issued an order restraining the Public Service Commission (PSC) from considering a petition seeking the removal of Director of Public Prosecutions (DPP) Renson Ingonga Mulele from office.
The petition, filed by businessman Hussein Aila Amaro, accused Ingonga of misconduct over his decision to withdraw a criminal case involving alleged threats to kill. Amaro argued that the DPP’s actions amounted to abuse of office and warranted disciplinary action.
However, in his application before the Milimani Law Courts, Ingonga defended his decision, asserting that he acted within his constitutional mandate under Article 157 of the Kenyan Constitution. He emphasized that the power to withdraw or discontinue criminal cases falls within his legal authority, exercised based on an analysis of facts, public interest, and the availability of alternative dispute resolution mechanisms.
The DPP further argued that the petition before the PSC was a calculated attempt to "intimidate, embarrass, and interfere" with his ability to execute his duties independently. He maintained that prosecutorial decisions must remain free from undue influence or external pressure.
The court’s ruling provides a temporary reprieve for Ingonga, reinforcing the principle of prosecutorial independence as the case proceeds.
Business Dispute at the Center of the Petition
In his petition, the DPP is seeking to quash proceedings before the Judicial Service Commission (JSC). Through his lawyers, Danstan Omari and Shadrack Wambui, he argues that the matter stems from a 2019 business dispute between Hussein Ali Amaro and Farida Idriss Mohammed, which resulted in multiple civil cases.
Court documents reveal that on March 11, 2023, mediation efforts involving elders and the Directorate of Criminal Investigations (DCI) led to a consent agreement, under which the 2nd Interested Party was to pay the 2nd Respondent Kshs. 17 million. A key term of the agreement was that any pending criminal case arising from the dispute would be withdrawn unconditionally.
However, on March 17, 2023, Farida reneged on the agreement, introducing a new condition that prosecution would proceed if the 2nd Interested Party failed to meet the mediation terms.
Ingonga has dismissed the petition as "extremely vexatious, increasingly malicious and informed by an aggravated negative attitude towards the role the Office of the Director of Public Prosecutions plays towards the resolution of criminal cases and the active role in seeing into the significant reduction of backlog in criminal cases."
The case remains before the court, with Ingonga seeking a final ruling to nullify the petition.
