The Director of Public Prosecutions (DPP) received a temporary reprieve after the High Court blocked the National Assembly from debating a motion seeking his removal from office. Justice Mwamuye issued the order following an application filed by Sheria Mtaani, a legal advocacy NGO.
The NGO argued that the motion to oust the DPP was premature and lacked due process. The organization contended that debating the matter without proper legal procedures would violate the DPP’s rights and undermine the independence of the Office of the Director of Public Prosecutions (ODPP). The High Court granted their application, halting parliamentary discussions on the motion until further notice.
Justice Mwamuye directed all parties involved to file their responses by the close of business on March 28. The matter is scheduled for mention on April 9, at which point the court will assess whether the parties have complied with its directives.
The motion to remove the DPP had sparked significant debate, with some legislators accusing him of incompetence and selective prosecution. However, supporters of the DPP argue that the motion is politically motivated and an attempt to interfere with prosecutorial independence.
Legal experts have weighed in on the matter, highlighting the importance of due process. “The DPP’s office is a constitutional entity, and any attempt to remove him must follow the prescribed legal framework,” said constitutional lawyer John Kamau. “The court’s decision to intervene ensures that justice is served fairly and without external influence.”
Sheria Mtaani, the NGO that filed the application, emphasized its commitment to upholding the rule of law. “We believe in protecting the independence of constitutional offices. Our intervention was necessary to prevent undue political pressure on the ODPP,” said the NGO’s legal director.
The court’s decision is expected to have significant implications for the ongoing political and legal discourse surrounding the DPP’s tenure. As the April 9 mention date approaches, stakeholders will be watching closely to see how the case unfolds and whether the matter proceeds to a full hearing.
For now, the DPP remains in office, awaiting the next legal developments in what is shaping up to be a high-stakes judicial battle.