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DPP Igonga fights ouster bid by petitioner

DPP Igonga fights ouster bid by petitioner
Director of Public Prosecutions Renson Ingonga speaks during a meeting with India’s High Commissioner to Kenya on January 15, 2025. PHOTO/@ODPP_KE/X

Director of Public Prosecutions Renson Igonga (DPP) has dismissed a petition seeking his removal from office, calling it baseless and without merit.

Lawyers representing the DPP, Danstan Omari and Shadrack Wambui, argue that the petitioner has been misled and that the misconduct allegations lack substance.

They also clarified that the case remains active and has not been withdrawn as earlier alleged.

The petition, currently before the Public Service Commission, seeks Igonga’s removal on grounds of gross misconduct.

However, Igonga’s legal team maintains that the decision to terminate charges against Farida Idris Mohamed was within the DPP’s legal mandate and does not constitute incompetence.

They further emphasise that similar cases were dismissed last year, asserting that such decisions fall within the DPP’s discretion.

Labelling it misconduct, they argue, is misleading and unfortunate. According to the lawyers, the case was heard in the Court of where the application was ultimately dismissed.

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 DPP’s lawyers stress that this discretion should not be mistaken for misconduct.

As the matter progresses before the Public Service Commission, all eyes remain on the proceedings to determine the next course of action.

“The matter is still ongoing. The court dismissed the application for withdrawal, and proceedings will continue on May 27,” said lawyer Omari.
The petition filed before the Public Service Commission seeking the removal of the DPP from office has been filed by city businessman Hussein Aila Amaro.

He accuses the DPP of misconduct following the alleged withdrawal of a criminal case involving death threats against him.

The threats are alleged to have been perpetrated by his former lover, Farida Idris Mohamed.

In the petition, Amaro claims that Mohamed, who had been charged with sending threatening text messages, was unjustly exonerated by the DPP despite overwhelming evidence against her.

He says the threatening messages were sent over several days in 2019, following a bitter fallout with Mohamed over a business dispute involving Sh10 million.

“I was in a relationship with Mohamed back in 2013, and we were engaged in 2017. However, the relationship deteriorated shortly after,” said Amaro.
Mohamed was charged in September 2023 with sending threatening text messages to Amaro between June 14 and June 15, 2019.

However, on January 25, 2025, the DPP made an application before Milimani Principal Magistrate Ben Mark seeking to withdraw the case, saying the matter was more suitable for civil litigation rather than a criminal trial.

“The DPP argued that continuing with the prosecution was an abuse of the court process and that the issue should be handled as a civil matter. But on Wednesday (February 26,2025) the magistrate declined to allow the DPP to withdraw the case, instead, he directed the case to be heard on May 27.

The background of the dispute dates back to 2018 when Amaro and Mohamed entered into a joint business venture, investing Sh10.6 million in a fuel station in Kahawa Sukari, Nairobi.

According to Amaro’s advocates, the partnership soured when Amaro grew suspicious of Mohamed’s actions after failing to receive business records and requesting his investment back, which was never refunded.

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