Its reprieve for Director of Public Prosecutions Noordin Haji after the High Court temporarily suspended PSC from considering two petitions seeking his removal from office over allegations of misconduct.
The new turn of events comes after DPP Haji moved to court seeking orders restraining the Public Service Commission from sitting or considering the two petitions lodged at the commission for his purportedly failure to prosecute Court of Appeal judge Sankale Ole Kantai over the murder of Dutch tycoon Tob Cohen.
Justice James Makau issued a conservatory order barring the Public Service Commission from sitting, considering, evaluating, hearing and determining two petitions lodged by Cohen’s sister Gabriel Straten and Ibrahim Ndung'u Ndirangu.
"A conservatory order is hereby issued suspending the PSC's consideration of the two petitions lodged against the petitioner (DPP Haji) and communicated on October 19, 2021 in respect of Gabriel and Ndung'u petition before PSC and taking any further steps or action in the proceedings pending the hearing and determination of this petition," justice Makau ordered.
The court further issued an order restraining Cohen's sister Gabriel, Ndung'u, their lawyers or any other party from commenting or discussing in any manner on the matters pending before PSC or in the High Court pending the hearing and determination of the petition by the DPP.
"An order of injunction be and is hereby issued against Gabriel and Ndung'u from either by themselves, their advocates, agents and servants or any other party from commenting, discussing, propagating, narrowcasting, broadcasting and or in any other manner whosever partly or in their entirety or in any other manner pertaining or ancillary to this petition and or two petitions before the PSC and the matters before the High Court," the Judge ordered
Makau further granted respondents in the case namely Gabriel, Ndung'u, PSC and interested parties Sarah Wairimu, Peter Karanja, Court of Appeal judge Sankale Ole Kantai ten days to file their pleadings in the matter filed by the Office of the DPP and DPP boss Haji.
The case will be mentioned on November 11 this year for further directions.
In the petition filed at the High court, Haji claims that the two petitions before PSC are null and void as they are contrary to Article 10,157 and 158 of the constitution of Kenya as they interfere with the exercise of prosecutorial powers and the judicial independence and determination of cases that are before court.
Haji through his special prosecutor Taib Ali argues that Cohen's sister Gabriel and Ndung'u have openly, by their conduct and utterances demonstrated to the public their displeasure at the decisions made by the DPP, and it is in the predisposition of the petitions before the PSC and lack of fairness, objectivity and impartiality as against the DPP.
"It is evident from the facts and alleged pleaded violation that the DPP will not have a fair consideration, evaluation, hearing or trial of the petitions against him before PSC and that justice will not be done or seen to be done if PSC proceeds to consider the petitions before it against the DPP," Taib says.
Gabriel and Ndung'u petitioned the PSC seeking removal of DPP boss Haji for mishandling the case of Cohen by failure to recommend prosecution of Justice Sankale with the murder of Cohen even after DCI claims that there is an overwhelming evidence to link the top judge with the murder.
City lawyers Danstan Omari and Cliff Ombeta who are representing Gabriel wants Haji removed by PSC from office for alleged gross misconduct claiming that he has been interfering with criminal investigations and the DCI is taking centre stage during investigations especially in their brother's murder case.
“The DPP Public Haji lacks all requisite experience as provided for under Article 157 (3) Constitution of Kenya, 2010,” the petition reads.
Gabriel accuses Haji for failure to recommend the prosecution of the key suspect, namely Court of appeal Judge Sankale Ole Kantai who has been linked to the murder of their late kin.
Justice Sankale survived prosecution over the murder of the Dutch billionaire after DPP Haji wrote a letter to the DCI boss George Kinoti in August this year stopping his prosecution on grounds there was no sufficient evidence to link him to the murder.