DPP dismisses removal bid over misconduct claim

Director of Public Prosecutions Renson Igonga has denied claims of misconduct as alleged by a petitioner who wants him removed from office.

City businessman Hussein Amaro has filed a petition with the Judicial Service Commission, accusing Igonga of misconduct for seeking to withdraw a criminal case in which he was issued with death threats.

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

The DPP, after a review of the evidence, had sought to have the case withdrawn.

Amaro in his petition claims withdrawing the matter undermines the rule of law and violates his rights.

Igonga’s lawyers Shadrack Wambui and Danstan Omari on Thursday told journalists the criminal case has not been withdrawn.

“It should be made clear that the DPP after exercising his mandate of reviewing the evidence sought to withdraw the case but the court declined that request,” Omari said.

Senior Principal Magistrate Benmark Ekhubi, who is hearing the case, on Wednesday February 26, 2025 set the matter for hearing on May 27 after declining the application by the prosecution.

Omari said it is within the DPP’s mandate to review evidence in criminal matters and withdraw cases where he feels the evidence is insufficient.

“The DPP under Article 157 cannot be directed of influenced. He makes his own independent decisions as regards criminal cases. It is contained in the policy called the decision to charge,” Omari said.

He said the DPP withdraws thousands of cases every year and presents those reports to Parliament.

For instance, 2,119 criminal cases were withdrawn by the DPP in 2022, out of 317,885 which were filed.

Of the 298,610 cases filed in 2024, more than 1,000 have already been withdrawn.

Wambui said Amaro’s petition will fail given the DPP cannot be accused of misconduct in discharging his duties.