Kenya Insights

Tag: Director of Public Prosecutions (DPP)

  • Two Kenyans, American, and Pakistani Petition for Removal of DPP Ingonga Over Alleged Misconduct and Constitutional Violations

    Two Kenyans, American, and Pakistani Petition for Removal of DPP Ingonga Over Alleged Misconduct and Constitutional Violations

    Four people among two foreigners have petitioned for the removal of the Director of Public Prosecutions Renson Ingonga and three State counsels for gross misconduct.

    In a petition to the Public Service Commission (PSC), the two Kenyans, an American and a Pakistani national wants Ingonga removed from office for alleged breach of chapter 6 of the constitution.

    Josephine Chirondo Ndune, Ekra Wambui Ndung’u, Davies Lawrence Bennett and Farah Akbar further accuse Ingonga and three State counsels of misbehaviour, incompetence and violation of the constitution.

    “We urge the committee to find merit in the petition and to proceed accordingly under the provisions of Article 158 (3) of the constitution of Kenya 2010,” says the petitioners.

    They state that they were arrested in Mombasa and held in Bamburi police station on the night of 12th February 2025.

    They said despite requests to access legal representation, the arresting officers allegedly refused to let them consult and or contact advocates of their choice by confiscating their mobile phones and neither providing them with alternative means of seeking legal representation.

    “This is in particular violation of the express provisions of the constitution under chapter four and in particular Article 50(g) and (h),” claim the four.

    They said despite informing the arresting officers, C.I. Kinyua that Davies Lawrence Bennett and Farah Akbar were foreigners and their request for their respective embassies to be informed of their arrest and incarceration, he allegedly refused to either take a step in informing their embassies, ministry of foreign affairs or the immigration.

    The petitioners were thereafter arraigned in Shanzu Law Courts under criminal case no. E144 OF 2025 where they were released on cash bail with an order that the petitioners be supplied with the statements and other documents the prosecution was to rely on in the case.

    They claim upon raising the bond and securing their freedom have raised their dissatisfaction in how the office of the ODPP has handled the matter commencing with their arrest, arraignment and general conduct of the trial.

    In their petition, they allege that the ODPP violated the clear provisions of the constitution and ought to be removed from office on account of gross misconduct.
    They said the DPP should have regard to public interest, the interest of administration of justice and the need to prevent and avoid abuse of the legal process.

    They state that the dereliction of duty and failure to adhere to the express provisions in the constitution exposes the ODPP for removal from office by a petition to public service commission.

    “The concerns of the petitioners were addressed to the office of the ODPP through the letters dated 19th March 2025 and 20th March 2025 respectively. A reminder was sent to the respondent (ODPP) vide the letter dated 7th April 2025 which again the respondent has ignored. (the letter and evidence of service on the respondent,” they claim in their petition

    It is their argument that Ingonga, being at the pinnacle of the DPP’s office, refused to exercise the powers of his office by not inquiring the evidence in support of the charge sheet, did not observe the requirements of the office of the Director of Prosecution Act Section 4 (c) (d) and (f) and section 14 (c) of the Act

    “Two of the accused are foreigners an American and Pakistan Citizens respectively and employees and Agents of ELMWOOD FIELDS Leadership Alliance (EFLA) which offers continued professional development CPD Recognitions and awards and did not inquire whether a report had been made against the petitioners before their arrest and arraignment,” they claim.

    Further DPP did not inquire whether the CUE had made the necessary inquiries and investigations on the status of the petitioners and the business school before moving to arrest them and did not inquire whether there was an inquiry in form of a letter from the investigator to Master Minds Business School (UK) informing of its status.

    They further claim DPP Ingonga did not interrogate the magnitude of the penalty contained in Section 28(5) of the University Act of 10 million- or 3-year’s imprisonment or both. And did not interrogate the circumstances that led to the arrest of the accused persons.

    “DPP Ingonga did not inquire the role of the Commission for University Education which are not mandated to regulate conferences or tourist events,” they want him out of office.

  • DPP Wants Kamiti Maximum Prison Warden ‘Cop Shakur’ Held For 21 Days In Probe Over Incitement To Mutiny

    DPP Wants Kamiti Maximum Prison Warden ‘Cop Shakur’ Held For 21 Days In Probe Over Incitement To Mutiny

    The Director of Criminal Investigations has applied to hold a prison warder for 21 days to investigate him over incitement to mutiny and giving false information.

    The prosecution told Chief Magistrate Lucas Onyina that the DCI wanted sufficient time to investigate Jackson Kuria alias Cop Shakur a prison warder based at Kamiti maximum prison.

    The court was told that Kuria was arrested on Wednesday and the lead investigation officer Meshack Mutinda together with officers from the office of the DCI need time to probe information in social media disseminated from his X account.

    They contended that the officer is well trained personnel and if released is likely to interfere with the ongoing investigations.

    However, the application by the prosecution was strongly opposed by lawyers from the Law Society of Kenya (LSK), saying that there was no evidence before the court that the suspect will disappear.

    The court is expected to deliver the ruling at 4pm Thursday as to whether to allow the application by the DCI or release their client on bail or bond.

  • Stanbic CEO Joshua Oigara Escapes Arrest Over Deposit Row With Airline Company

    Stanbic CEO Joshua Oigara Escapes Arrest Over Deposit Row With Airline Company

    The Banking Fraud Investigations Unit has been blocked from questioning Stanbic chief executive officer Joshua Oigara or any of the lender’s employees, over millions of shillings deposited into an airline’s account and later reversed, pending the determination of a petition by the bank.

    High Court judge Bahati Mwamuye also restrined the Director of Public Prosecutions (DPP) Renson Ingonga from instituting criminal charges against Mr Oigara or any directors, staff or employees of Stanbic, pending the hearing of the case.

    The lender moved to court last month to stop the banking fraud unit (BFIU) at the Directorate of Criminal Investigations (DCI) and Mr Ingonga from instituting charges against Mr Oigara, its directors or staff in a dispute with Air Afrik Aviation Ltd.

    The bank argued that the DCI was seeking to investigate a matter that is pending before the High Court.

    The lender’s lawyer, Hiram Nyabui, informed the court that police officers had camped at the bank’s offices seeking to arrest the officials, a move that would render the petition useless.

    The judge said the DPP can make an application for the discharge of the orders.

    “That this honourable court be pleased to issue conservatory order staying the execution or implementation or the requisition to compel attendance addressed to the 2nd petitioner (Mr Oigara) by the Banking Fraud Investigations Unit of the 1st respondent (DCI), pending the inter-partes hearing and determination of this application,” the lender said.

    The bank said BFIU issued the summons for Mr Oigara to appear for questioning and statement taking on October 17.

    However, the lender said it found the timing suspicious, coming a week after Stanbic opened its defence in the matter pending before the High Court.

    Further, the lender said that the matter had been investigated by the Central Bank of Kenya in 2016 following a complaint by the airline and the parties were allegedly advised to resolve the matter amicably or pursue a civil case.

    He said Mr Oigara failed to appear as directed by the DCI and the police issued a fresh summons.

    “The subject matter of the requisition pertains to the very matters that were the subject of the investigations that were concluded on December 6, 2016, more than eight years ago as well as the civil suit that is currently part-heard before the High Court,” the bank said.

    The lender said the purported statement taking is intended to harass and intimidate Stanbic and interfere with its ability to defend the proceedings pending before court.

    Further, that is also intended for ulterior purposes of embarrassing the bank and coerce it to abandon the defence of the civil suit or settle the matter, the lender added.

    “The intended parallel criminal proceedings are calculated to embarrass, humiliate, vex and eventually force the petitioners to concede to the interested party’s claims in the civil suit,” Janet Wanjohi, the bank’s head of legal said in an affidavit filed in court.

    Ms Wanjohi added that the move amounts to impunity on the part of the police and prosecution.

    The managing director of Air Afrik, Eric Lugalia, said in response to the petition that the police should be allowed to do their job.

    “That it is only in the interest of justice that if the petitioners/applicants do not have anything to hide, let them answer the issued summons thereof,” said Mr Lugalia.

    The airline was a customer of the bank and operated an account at its branch in Juba, South Sudan.

    On February 5, 2016, the bank received a credit note from Bank of South Sudan (BoSS), advising it that the airline’s clearing and settlement account at BoSS had been credited with $7.22 million (about Sh931 million).

    The lender then credited Air Afrik’s bank account with the amount.

    Stanbic said the airline allegedly carried out large value transactions on its account and withdrew a total of $1.1 million (Sh141 million).

    The lender said it later realised that no actual funds had been remitted by BoSS as alleged and reversed the funds to prevent further withdrawals as the funds ‘were paid in error”.

    The airline sought damages for losses it suffered after a plane leasing contract of $20 million with South Sudan government was terminated after the funds were withheld.

    The parties then tried unsuccessfully to resolve the dispute before Air Afrik lodged the complaint with the CBK.

    Justice Mwamuye directed the matter to be mentioned on December 10, for further directions.

  • Petition Seeks To Remove DPP Renson Ingonga From Office After Declaring Support For Sakaja As A Fellow Luhya Amidst Corruption Claims

    Petition Seeks To Remove DPP Renson Ingonga From Office After Declaring Support For Sakaja As A Fellow Luhya Amidst Corruption Claims

    The Director of Public Prosecutions (DPP), Renson Ingonga, finds himself in the middle of a muddy surface following sentiments that he made in the past few weeks during a function at Nairobi Governor Sakaja’s home.

    Linda Jamii, a lobby group based in Nairobi, has filed a petition with parliament seeking to have the DPP investigated, found unfit to hold public office, and consequentially removed from office for allegedly violating his office and declaring support for embattled Nairobi Governor Jackson Sakaja.

    “We have filed a petition with the National Assembly regarding the conduct of the DPP that has appeared in public to have defended the governor of Nairobi, who is allegedly accused of so many corruption cases, saying that because they’re fellow Luhyas, he cannot be prosecuted,” Prof. Fredrick Ogolla, the group’s leader, said in a statement to the press.

    Prof. Ogolla gave an account of his allegations, saying the director’s remarks were incited by alleged tribalism “during a thanksgiving of the governor’s mother, which was attended by several dignitaries with him also attending, and he spoke. We found out that the director Ingonga declared support for his alleged corrupt friend (Sakaja), whom he claims to share the same community (Luhya),”

    During the event, Makadara MP George Aladwa assured Nairobi Governor Sakaja of his full support, adding that ODM as a party is fully behind him with full instructions from Raila. He went further to affirm the support of Director of Public Prosecutions (DPP) Renson Ingonga as a fellow tribesman.

    “Wacheni mchezo Waluhya tuheshimiwe, Huyu ndiye governor (Sakaja) aliyechaguliwa, tuko na DPP Mluhya yuko pale cheza na sisi uone. Na mtu asifikirie utakuja kufanya maandamano Nairobi kutoa Sakaja, ukija na sisi pia tutapanga maandamano (Luhyas must be respected; don’t joke with us; Sakaja is the duly elected governor, and we will defend him as a fellow Luhya; we have the DPP on our side; don’t think of demonstrating against the governor in Nairobi; we shall retaliate);” the MP said.

    Prof. Ogolla flagged Aladwa’s sentiments as detrimental to the DPP’s office: “The officer (Aladwa) seems to have tribalized the office of the DPP, therefore stripping the honourable office of impartiality, hence affecting what is called judicial independence.”

    When the DPP stood to give his address, he affirmed his support and administration for the family: “I celebrate the Sakaja family for nurturing and giving us the most senior governor of the biggest city in Kenya.”

    In political rhetoric, the DPP went further to warn those criticising Sakaja’s leadership, telling them to give him time to deliver: “Let’s respect our leaders (with respect to Sakaja); each of them has their own unique leadership style and time to rule; let’s not rush to judge him; let’s give him time to deliver. We should not expect Sakaja to govern in the same way as others; give him time,” the DPP said in a video seen by Kenya Insights.

    Concerns

    Prof. Ogolla, in the petition obtained by Kenya Insights, goes further to accuse the DPP of abusing the stature of his office. He raises key issues about the DPP for defending an alleged corrupt friend, Governor Sakaja, at a public function organised by the governor, including whether the DPP, by virtue of his office, should be attending functions, especially on matters touching on areas of his service.

    He further queries the DPP’s suitability for the office, having attended Sakaja’s function and the sentiments expressed: “Upon making such pronouncements, would the DPP still be fit to hold that office or continue to serve in that key, important office where nothing short of impartiality is expected?”

    Prof. Ogolla goes on to ask whether Kenyans would be confident in getting justice from the DPP’s office given the tribal sentiments made: “Would any Kenyan listening to the cited pronouncements feel they have access to justice either when they don’t come from the DPP’s community, know him, or are friends with him? Or, worse yet, would any Kenyan expect that his case be presented before the DPP, especially when it is defending someone from the DPP’s community?” He posed.

    Reputation

    Prof. Ogola has questioned the DPP’s impartiality in discharging his duties, pointing out a number of cases that he says have dented his reputation.

    “The fact that there have been many cases that are produced in court and mention a lack of evidence, warrant, or prosecution regarding corruption or other criminal activities of powerful individuals. Kenyans will be suspicious that these constitution offices could be there to clear corrupt and powerful individuals but only put weak and poor evidence given those pronouncements.”

    “I’m very sure that the DPP, if there’s any case that touches his community from his standpoint, will simply clear them out.” Prof. Ogolla said.

    Probe

    The lobby group now wants the parliament to treat the matter urgently and move with speed to investigate Ingonga, arguing that there’s a likelihood that Kenyans won’t be getting deserved justice from the DPP’s office given the questioned impartiality.

    “The honourable house immediately commences a serious investigation on this individual and ensures that in all corruption cases that are presented before him, he’s able to address them with impartiality.” The petition reads:.

    No trust in the courts

    Prof. Ogolla now claims that because of impartiality in the judicial system, Kenyans are now shying away from seeking justice in courts and is blaming the DPP.

    “By DPP speaking those things in public, attended by dignitaries and officials that are friends of Sakaja, who also have the same measure of alleged corruption, it simply means there’s no impartiality in that office, and I’m speaking on behalf of Kenyans who have lost trust, and that’s why we’re seeing no one going to court.”

    “If we cannot have justice at the ODPP, it means there can be no prosecution ongoing.” The professor said.