The Public Service Commission has urged the High Court to compel the chief prosecutor to appear before the agency over allegations of gross misconduct.
The PSC claims Director of Public Prosecutions Noordin Haji rushed to court to seek prohibitory orders in a matter where he is accused of failing to discharge his constitutional mandate.
The PSC, through lawyer Danstan Omari, wants the court to strike out the case and compel the DPP to appear before the agency to respond to the allegations.
The PSC argues that the High Court has no jurisdiction to hear Mr Haji’s petition because entertaining it would amount to controlling how the agency carries out its mandate.
“This petition by Haji is an attempt at having the court direct or control the Commission on which petitions for removal for the DPP it can handle and at limiting the constitutional powers of the Commission,” PSC says in court documents.
PSC boss Simon Rotich, in an affidavit, says that the agency has received four petitions seeking Mr Haji’s removal from office.
“What the DPP is asking this court to do would amount to an unconstitutional order barring PSC from undertaking a constitutional mandate and barring Kenyans from exercising their right to seek justice in the event they feel that the DPP has abused his powers or violated their rights,” Mr Rotich argues.
Mr Rotich argues that Mr Haji has not demonstrated how his rights will be violated and approached the court to determine a non-existent dispute with the PSC with a view to delaying a constitutionally mandated process.
The agency says that when it considers the petitions for Mr Haji’s removal, it will be guided by the Constitution, the PSC Act, the Fair Administration Action Act and relevant regulations.
Mr Haji moved to court arguing that he was unlikely to get a fair hearing.
Through State counsel Taib Ali Taib, he told the court that the PSC has no jurisdiction to hear the petitions for his removal.
Mr Haji has obtained orders in the first two petitions stopping him from appearing before PSC pending the determination of his petition. BY DAILY NATION