Kenya: Petitioner Seeks Action Against PSC Over 'Illegal' DPP Removal Process

Nairobi — A new application has been filed at the Milimani High Court seeking to hold officials of the Public Service Commission accountable for alleged contempt of court.

The case, lodged by Jane Onyango, accuses the Commission of defying court orders by continuing with a regulatory process aimed at the possible removal of the Director of Public Prosecutions, despite a directive suspending the exercise.

The dispute arises from conservatory orders issued on March 12, 2026 by Joe M. Omido. The orders halted the formulation, validation, and adoption of the Draft Public Service Commission (Removal of the Director of Public Prosecutions) Regulations, 2026.

The court also barred any related activities, including stakeholder consultations and validation forums, after certifying the matter as urgent.

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Court filings indicate that the petitioner served the orders alongside the petition and supporting documents on March 16, both physically and via email, and later filed an affidavit confirming service.

Despite the directive, the petitioner claims the Commission proceeded to hold an online validation forum on March 23--an action she argues was a critical step in advancing the contested regulations.

Named in the application are several commissioners and senior officials, including CEO Paul Famba, who are now being asked to personally account for the alleged breach.

The petitioner maintains that the officials were aware, or ought to have been aware, of the court orders, which she describes as clear and binding.

Through her lawyer, Festus Onyango, the petitioner is seeking summons compelling the officials to appear in court and show cause why they should not be cited for contempt.

She is also asking the court to nullify any decisions or outcomes arising from the March 23 forum, terming them unlawful and without legal effect.

Additionally, the application seeks penalties including civil jail terms of up to six months for those found guilty, as well as an order requiring them to personally bear the costs of the proceedings.

The petitioner argues that failure to enforce the court orders risks undermining the authority of the judiciary.

The matter is set for mention on April 9, 2026, when the court will issue further directions.

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