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case withdrawn.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has not been withdrawn.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were withdrawn by the DPP in 2022,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withdrawn.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.
