Orders stopping development of regulations for DPP removal extended
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The High Court extended orders stopping the process to develop regulations on the removal of the Director of Public Prosecutions (DPP).
This is after the court certified as urgent a case seeking to have officials of the Public Service Commission (PSC) cited for contempt of court.
The court ordered that the application be served upon all respondents and persons named in the motion within three days.
The respondents have been given seven days from the date of service to file their responses, while the applicant may file a further affidavit, if necessary, within seven days after receiving the responses.
The matter will be mentioned on April 9, 2026, for further directions.
“That for avoidance of doubt, the orders issued on 12th March, 2026, remain in force,” the court ruled.
The directions and orders stem from an earlier decision delivered on March 12, 2026, by Justice Joe Omido, which halted the formulation, validation and adoption of the Draft Public Service Commission (Removal of the Director of Public Prosecutions) Regulations, 2026, including any stakeholder engagement or validation forums.
The fresh application before the Milimani High Court accused PSC officials of defying those orders by proceeding with an online validation forum on March 23, 2026.
Petitioner Jane Onyango argues that the move was a deliberate and willful disobedience of a lawful court order, undermining the authority and dignity of the judiciary.
The petitioner said she served the orders, petition and supporting documents on March 16, 2026, both physically and via email, and later filed an affidavit of service confirming compliance.
Despite this, the Commission is said to have gone ahead with the validation forum, a key step in advancing the disputed regulations.
Those named in the application include commissioners Mary W. Kimonye, Joan A. Machayo, Dr. Irene C. Asienga, Francis Meja, Molu Boya, Mwanamaka Amani Mabruki, Harun Maalim Hassan, Dr. Francis Otieno Owino, Jacqueline Manani, and the Commission’s Chief Executive Officer, Paul Famba.
Through lawyer Festus Onyango, the petitioner wanted the court to summon the officials to appear in person and show cause why they should not be cited and punished for contempt of court.
The application also sought to nullify any resolutions, reports or outcomes from the March 23 forum, arguing that they are void and have no legal effect.
Further, the petitioner is asking the court to commit the officials to civil jail for up to six months if found guilty of contempt, and to have them personally bear the costs of the case.
The petitioner maintained that unless the court intervenes, continued disregard of its orders risks weakening the authority of the judiciary and rendering its directives ineffective.