Court extends conservatory orders blocking DPP removal regulations

The High Court in Kisumu has extended conservatory orders halting the development of regulations on the removal of the Director of Public Prosecutions.

"The draft regulations concern the removal process of the Director of Public Prosecutions, a constitutionally entrenched independent office under Article 157 of the Constitution," the petition states.

In directions issued on March 25, 2026, Justice Joe Omido confirmed that conservatory orders issued on March 12, 2026, remain in force.

The orders effectively paused the formulation, validation, adoption and promulgation of the Draft Public Service Commission (Removal of the Director of Public Prosecutions) Regulations, 2026 and all associated stakeholder engagements.

"That for avoidance of doubt, the orders issued on 12th March, 2026, remain in force," the judge stated.

The court also certified as urgent a contempt of court application filed on March 23, 2026, and directed that it be served on the Public Service Commission, its Chief Executive Officer, the Attorney General, and the Office of the Director of Public Prosecutions.

The matter stems from a petition filed by Jane Onyango challenging the process followed by the Public Service Commission in developing the draft regulations.

Court documents show that the Public Service Commission published a notice in MyGov Newspaper on March 3, 2026.

The notice invited members of the public to participate in a virtual validation forum held on March 23 and to submit written memoranda on the proposed regulations.

Onyango contends that the process did not meet constitutional requirements for public participation, citing limited public awareness and reliance on a single government publication.

They also note that the timelines were compressed in a matter affecting the independence of the Office of the Director of Public Prosecutions under Article 157 of the Constitution.

The High Court had previously issued conservatory orders on March 12, pausing the entire process, including stakeholder engagements and validation forums, pending the hearing and determination of the petition.

However, through advocate Festus Onyango, the court was informed that the commission held the virtual validation forum on March 23, despite being served with the conservatory orders on March 16.

The contempt application highlights the continuation of the process and raises concerns that it could undermine the authority of the court and affect the petition’s effectiveness.

Court filings indicate that proceeding with the draft regulations without broader public participation could have implications for prosecutorial independence and the safeguards surrounding the removal process of the Director of Public Prosecutions.

The High Court will now consider responses from the Public Service Commission, the Attorney General, and the Office of the Director of Public Prosecutions before issuing further directions on the contempt application and the broader petition on April 9, 2026.