NAIROBI, Kenya – Director of Public Prosecutions (DPP) Renson Ingonga has rejected a petition filed at the Public Service Commission (PSC) seeking his removal from office, dismissing it as baseless and lacking merit.
The petition, lodged by Hussein Aila Amaro, accuses Ingonga of violating his constitutional right to dignity, citing Article 28 of the Constitution.
However, Ingonga, through his lawyer Danstan Omari, has dismissed the claims, stating that they are not grounded in fact.
At the heart of the dispute is a pending criminal case—number E222 of 2023—filed by Hussein against his wife, whom he accuses of issuing death threats.
The case is set for hearing on May 27, 2025, at the Milimani Law Courts.
Omari clarified that the DPP had previously sought to withdraw the case, arguing it was more suited for civil litigation and that its continuation amounted to an abuse of legal process.
However, the court rejected the request and ruled that the matter proceed without delay.
“This is a case involving a love affair, a family dispute. Therefore, to preserve public morality, the DPP decided to withdraw this case of a husband-and-wife relationship gone sour,” said Omari.
Hussein, in his petition, claimed that the attempted withdrawal of the case had exacerbated his suffering as a male victim of gender-based violence (GBV).
He argued that Ingonga’s actions had further violated his right to freedom and security under Article 29 of the Constitution.
Omari countered that the DPP’s authority to withdraw cases is constitutionally protected under Article 157 and reinforced by the Criminal Procedure Code.
He emphasized that Ingonga would firmly oppose any effort to remove him from office.
“The Constitution grants the DPP the power to withdraw cases based on the decision-to-charge policy. The independence of the DPP in carrying out his mandate must be upheld,” said Omari.
He also pointed out that the Office of the Director of Public Prosecutions (ODPP) regularly presents reports to Parliament detailing prosecution trends, including case withdrawals.
Between 2020 and 2024, the ODPP filed over a million cases, with a small fraction withdrawn:
2020–2021: 477,572 cases filed, 2,572 withdrawn
2021–2022: 317,885 cases filed, 2,119 withdrawn
2022–2023: 292,000 cases filed, 2,199 withdrawn
2023–2024: 298,610 cases filed, with 1,000 withdrawals so far
Omari maintained that the DPP exercises prosecutorial discretion guided by legal thresholds and public interest, and Ingonga would not bow to undue pressure in executing his duties.
