Two Kenyan Lawyers have dismissed a petition filed at the Public Service Commission (PSC) against the Chief Director of Public Prosecution in Kenya claiming that they lack merit.
The two Lawyers; Danstan Omari and Shadrack Wambui have urged the PSC to dismiss the said petition arguing that it holds on ground.
The advocates were responding to businessman Hussein Aila Amaro who without accused Ingonga of misconduct for alledgly withdrawing a criminal case involving death threats against him.
However, the lawyers argue that the petitioner has been misled and that the allegations of misconduct lack substance adding that the case remains active and has not been withdrawn.
The petition, currently before the Public Service Commission, seeks the DPP’s removal on grounds of gross misconduct. However, the DPP’s legal team maintains that the decision to terminate charges against Farida Idrisa was within his legal mandate and does not constitute incompetence.
They further emphasize that similar cases were dismissed last year, asserting that such decisions fall within the DPP’s discretion. Labeling it misconduct, they argue, is both misleading and unfortunate.
“The matter is still ongoing. The court dismissed the application for withdrawal, and proceedings will continue on May 27,” said lawyer Danstan Omari.
Omari said the case was heard up to the Court of Appeal in a civil matter, where the application was ultimately declined.
He said the Office of the Director of Public Prosecutions (ODPP) operates within a legal framework that grants the DPP the authority to institute or withdraw charges when necessary.
The advocates stated that the office of the DPP deserves respect and must be respected in totality
