Director of Public Prosecutions (DPP) Renson Ingonga
The Court of Appeal has temporarily suspended an Employment and Labour Relations Court (ELRC) decision that nullified the appointment of several Senior Deputy Directors and Deputy Directors at the Office of the Director of Public Prosecutions (ODPP).
The interim stay allows the officials appointed by the ODPP in December 2025 to remain in office pending the determination of the Director of Public Prosecutions’ application seeking to suspend the ELRC judgment.
The appellate court granted the interim orders pending delivery of its ruling on the application.
“Pending delivery of the ruling, an interim order of stay of execution of the judgment of the ELRC delivered on 25th June 2026 is hereby granted in terms of prayer one of the application,” the bench ruled.
"The ruling in respect thereof is reserved for delivery on 25th September 2026."
The order temporarily preserves the status quo and means the disputed appointments remain operational as the Court of Appeal considers the ODPP’s challenge to the ELRC judgment.
The case stems from a petition filed by Senior Assistant Director of Public Prosecutions Mark Barasa, an ODPP employee who challenged the recruitment and appointment process after he was unsuccessful in his bid for the positions.
In its June 25 judgment, the ELRC found that the recruitment process was unconstitutional, opaque and failed to meet the standards of fairness and transparency required in public appointments.
The court ordered the ODPP to reconsider the appointments and conduct a fresh recruitment process that is transparent and auditable.
Justice Jacob Gakeri also awarded Barasa Sh1 million in damages for violation of his constitutional rights, while directing each party to bear its own legal costs.
The judge noted that the employment relationship between Barasa and the ODPP continued to exist despite the dispute.
Aggrieved by the ELRC decision, the ODPP to move to the Court of Appeal.
The ODPP is challenging the findings and seeking orders to preserve the appointments pending the hearing and determination of its appeal.
Director of Public Prosecutions Renson Ingonga has defended the integrity of the recruitment process, saying the office remains committed to merit and fairness in its appointments.
“Our appointments are guided by the Constitution, the law and the principles of fairness, transparency and merit. We will continue to respect the courts while defending the integrity of the processes through which we discharge our constitutional mandate,” Ingonga said.
The appellate court will subsequently deliver its ruling on the application and determine the next course of the dispute over the appointments.
