DPP Ingonga dismisses petition seeking his removal from office

The Director of Public Prosecutions (DPP), Renson Ingonga, has dismissed a petition filed at the Public Service Commission (PSC) seeking his removal from office.

Hussein Aila Amaro filed the petition, accusing Ingonga of violating his (Hussein’s) inherent right to dignity and his right to have that dignity respected and protected, as provided for under Article 28 of the Constitution.

However, Ingonga, through his lawyers led by Danstan Omari, dismissed the petition as unfounded, arguing that it is not based on facts.

Omari stated that criminal case number E222 of 2023, in which Hussein was allegedly issued with death threats by his wife, is still pending in court and is scheduled for hearing on May 27, 2025 at the Milimani Law Courts.

The lawyer further noted that an application by the DPP to withdraw the case was dismissed by the court, which instead ordered that the matter proceed expeditiously without delay.

Omari explained that the DPP had sought to terminate the case in the interest of the public, but the court declined the request. The DPP had argued that pursuing the matter constituted an abuse of the legal process and that it was best suited for civil litigation.

"The DPP requested that this matter be withdrawn because it has already been litigated up to the Court of Appeal in civil matters. However, the court declined the request," said Omari.

"This is a case involving a love affair, a family dispute. Therefore, to preserve public morality, the DPP decided to withdraw this case of a husband-and-wife relationship gone sour."

In the case, Hussein’s wife is charged with threatening to kill him, contrary to Section 223 (1) of the Penal Code. Omari criticised the petitioner for making unfounded and exaggerated claims against the DPP.

Hussein had claimed that Ingonga’s actions had left him dehumanised as a man suffering from gender-based violence (GBV) and that the termination of the prosecution was a continuation of the violation of his freedom and security, as guaranteed under Article 29 of the Constitution.

Omari maintained that the DPP’s power to withdraw cases is constitutionally mandated, and Ingonga would vigorously challenge any attempt to remove him from office.

"The Constitution (Article 157) grants the DPP the power to withdraw cases, which is further supported by the Criminal Procedure Code (CPC) under Section 87A, allowing the DPP to withdraw cases based on the decision-to-charge policy," stated Omari.

"The DPP shall defend his position, his office, and his decision to execute his duties without undue influence from any party. Article 157 protects the independence of the DPP in carrying out his mandate."

Omari further explained that the Office of the Director of Public Prosecutions (ODPP) presents an annual report to Parliament, which includes statistics on the number of cases filed and those withdrawn.

He noted that the DPP initiates prosecutions based on two key factors: evidential thresholds and public interest. He also shared statistics on cases filed and withdrawn between 2020 and 2024.

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In 2020–2021, the DPP charged 477,572 individuals, with 2,572 cases later withdrawn.

In 2021–2022, a total of 317,885 cases were filed, out of which 2,119 were withdrawn.

In 2022–2023, 292,000 cases were filed, with the ODPP withdrawing 2,199 cases.

For the 2023–2024 period, 298,610 cases were filed, and so far, 1,000 of those have already been withdrawn.