The High Court has issued conservatory orders stopping any attempts to remove Director of Public Prosecutions (DPP) Renson Mulele Ingonga from office, reinforcing the constitutional mandate of the ODPP and safeguarding the independence of Kenya’s prosecutorial system.
Justice Bahati Mwamuye ordered the Public Service Commission (PSC) to halt all proceedings concerning petitions or motions seeking the DPP’s removal until the matter is fully heard and determined.
The ruling comes in response to a petition challenging the DPP’s decision to withdraw charges in MCCR E222 of 2023. The case involved Farida Idris Mohammed, who was accused of issuing death threats. The DPP later sought to withdraw the charges after discovering that the complaint against Mohammed was allegedly being used as leverage in a civil dispute.
According to the petition, Ingonga acted improperly by discontinuing the prosecution. However, the ODPP, through his lawyer Danstan Omari, defended its decision, arguing that it was made in accordance with Article 157 of the Constitution, which grants the DPP exclusive authority to institute and discontinue criminal proceedings. The court underscored that any challenge to these powers must be legally and procedurally sound.
Justice Mwamuye directed that all respondents in the case be served, with responses to be filed by March 28, 2025. A mention is set for April 9 to confirm compliance and determine the next steps.The ruling underscores the importance of protecting the DPP’s constitutional functions from undue external influence.
“The prosecutorial mandate is vested in the DPP by law, and any interference, particularly one seeking removal based on a legitimate prosecutorial decision, threatens the independence of this office,” the ruling stated.
While the DPP fights to uphold prosecutorial independence, another major legal battle is unfolding in the judiciary. Hon. Stella Atambo, a Chief Magistrate at Thika Law Courts, has filed a petition against the ODPP, the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC), claiming that a recent raid on her home was a blatant act of judicial intimidation.
Her petition reveals that officers executed a dawn raid on her residence based on a court-issued search warrant obtained under questionable circumstances, including the deliberate misrepresentation of her identity as “Bonareri N.” Atambo argues that the move was intended to harass her due to her handling of politically sensitive cases, raising serious concerns about judicial independence.
Justice E.C. Mwita has scheduled a mention of the case for March 17 to issue further directions.
