The High Court has issued an order barring the Public Service Commission from considering a petition seeking his removal from office.
In the petition, a businessman Hussein Aila Amaro had accused the Director of Public Prosecutions Renson Ingonga Mulele of misconduct over his decision to withdraw a criminal case where a suspect was accused of threatening to kill her husband.
The petitioner argued that the DPP’s actions constituted abuse of office and warranted disciplinary action.
However, in his application before the Milimani Law Courts, the DPP defended his decision, asserting that he was acting within his constitutional mandate under Article 157 of the Kenyan Constitution.
He emphasized that the power to withdraw 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 deliberate attempt to intimidate, embarrass, and interfere with his ability to discharge his constitutional duties independently.
He has maintained that prosecutorial decisions must remain free from undue influence or pressure.
In the petition, the DPP wants the court to quash proceedings before the Judicial Service Commission.
Through lawyers Danstan Omari and Shadrack Wambui, he argues that a 2019 dispute between Hussein Ali Amaro and Farida Idriss Mohammed led to multiple civil cases after their business fallout.
Court documents indicate that on March 11, 2023, mediation efforts involving elders and the Directorate of Criminal Investigations (DCI) resulted in a consent agreement.
A key term of the consent agreement was that any pending criminal case arising from the dispute would be withdrawn unconditionally.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, adding a condition that if Ali failed to meet the mediation terms, prosecution against him would proceed.
