By Andrew Kariuki
The High Court has extended orders suspending the development of regulations governing the removal of the Director of Public Prosecutions (DPP), as a fresh legal battle emerges over alleged defiance of court directives by officials of the Public Service Commission (PSC).
The court certified as urgent an application seeking to have PSC officials cited for contempt, directing that all respondents and individuals named in the motion be served within three days.
In its directions, the court granted the respondents seven days from the date of service to file their responses, while the applicant was given a further seven days to file any additional affidavit. The matter is scheduled for mention on April 9, 2026.
“For avoidance of doubt, the orders issued on 12th March, 2026, remain in force,” the court stated.
The orders stem from an earlier ruling by Justice Joe Omido on March 12, 2026, which halted the formulation, validation, and adoption of the Draft Public Service Commission (Removal of the Director of Public Prosecutions) Regulations, 2026, including any stakeholder engagement processes.
The latest application, filed at the Milimani High Court by petitioner Jane Onyango, accuses senior PSC officials of disregarding those orders by proceeding with an online validation forum on March 23, 2026.
Through her lawyer Festus Onyango, the petitioner argues that the move constituted a deliberate and willful disobedience of a lawful court order, undermining the authority of the judiciary.
Court documents indicate that the petitioner served the orders and related documents on March 16, 2026, both physically and via email, and subsequently filed an affidavit of service. Despite this, the Commission is said to have proceeded with the forum, a key step in advancing the contested regulations.
Those named in the application include PSC commissioners Mary W. Kimonye, Joan A. Machayo, Dr. Irene C. Asienga, Francis Meja, Molu Boya, Mwanamaka Amani Mabruki, Harun Maalim Hassan, Dr. Francis Otieno Owino, Jacqueline Manani, and the Commission’s Chief Executive Officer Paul Famba.
The petitioner is seeking orders compelling the officials to appear in court and show cause why they should not be cited for contempt. She is also asking the court to nullify any resolutions or outcomes from the March 23 forum, arguing that they are legally invalid.
Additionally, the application seeks to have the officials committed to civil jail for up to six months if found guilty of contempt, and to bear the costs of the proceedings personally.
The petitioner maintains that failure to enforce compliance risks eroding the authority of the judiciary and undermining the rule of law.
