The High Court has issued an order restraining the Public Service Commission (PSC) from considering or determining any motion seeking the removal of Director of Public Prosecutions Renson Igonga.
Justice Bahati Mwamuye issued the order following an application filed by an NGO dubbed 'Sheria Mtaani'.
Prior to this new development, a petition had been filed by city businessman Hussein Amaro before PSC citing misconduct following an application the DPP made to withdraw a criminal case involving death threats against the businessman.
The threats are alleged to have been perpetrated by his former lover.
But Sheria Mtaani through Advocate Danstan Omari told the court that the DPP has the discretion to discontinue any criminal proceedings at any stage before judgment is rendered.
"The DPP was within the confines of the exercise of his mandate to apply for withdrawal of the case, given the analysis of the facts and alternative dispute resolution mechanisms that had been employed in light of resolving the matter out of court," Omari said.
The court also heard that the case being cited which led to the petition filed by Amaro against the DPP is slated for hearing.
Omari explained that the application the DPP had made to have it withdrawn was denied by the court meaning the case will proceed.
Justice Mwamuye after issuing the orders also directed that Sheria serve the respondents and interested parties immediately.
Responses are to be filed by close of business on March 28.
The matter is to be mentioned on April 9 to confirm whether the parties will have complied with the directions of the court.
