A formal petition has been submitted seeking the removal of Director of Public Prosecutions (DPP) Renson Ingonga.
The petitioner accuses Ingonga of halting the prosecution of a criminal case, opting instead to refer it for civil litigation—a move they claim undermines public interest and contravenes constitutional mandates.
Allegations Against the DPP
The petitioner contends that DPP Ingonga’s decision to discontinue the criminal proceedings constitutes a violation of Article 175 of the Kenyan Constitution, which emphasizes the need to prevent abuse of legal processes.
They argue that by redirecting the case to civil courts, Ingonga has compromised the administration of justice and failed to uphold his duties as prescribed by law.
The case at the center of this controversy involves alleged threats to the petitioner’s life, actions that fall under Section 223(1) of the Penal Code, Cap 63 of Kenyan law.
The petitioner asserts that the DPP’s withdrawal from the case jeopardizes their right to life as enshrined in Article 26 of the Constitution, effectively denying them legal protection.
Constitutional Provisions for Removal
Under Article 158 of the Kenyan Constitution, the DPP can be removed from office on specific grounds, including:
- Inability to perform office functions due to mental or physical incapacity.
- Non-compliance with Chapter Six of the Constitution.
- Bankruptcy.
- Incompetence.
- Gross misconduct or misbehavior.
The process begins with a petition to the PSC, which, upon determining the sufficiency of the grounds, recommends to the President the formation of a tribunal to investigate the allegations.
During this period, the DPP is suspended from office pending the tribunal’s findings.
The tribunal, comprising individuals qualified for appointment as High Court judges, conducts a fair hearing and submits its recommendations to the President, who then decides whether to remove or reinstate the DPP.
Previous Petitions and Public Sentiment
This is not the first time DPP Renson Ingonga has faced calls for removal. In previous instances, various groups have questioned his decisions and conduct:
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Support for Political Figures: A lobby group, Linda Jamii, filed a petition alleging that Ingonga declared support for embattled Nairobi Governor Jackson Sakaja, raising concerns about impartiality and potential misconduct.
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Land Encroachment Allegations: Civil society organizations in Kakamega threatened to initiate removal proceedings against Ingonga over claims that he constructed a wall encroaching on a public road leading to Jabstir Academy, obstructing access and posing safety hazards.
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Handling of Abduction Cases: In a separate legal matter, Ingonga sought removal from petitions compelling authorities to produce abducted activists, describing the petitions as “incurable and fatally defective.” He argued that his office lacks the mandate to conduct investigations, highlighting ongoing debates about the DPP’s role and responsibilities.