Petitioners Seek DPP’s Removal for Alleged Misconduct and Constitutional Violations
"This in particular violated the express provisions of the constitution under Chapter 4 Article 50 (g) and (h)."
The petition, which is dated April 15, 2025, was filed by four petitioners- two Kenyans and two foreigners through their lawyer Ngugi Mwaniki who have raised a ground for removal as gross misconduct and misbehavior, incompetence, and violation of the constitution.
They are also seeking his investigation regarding the matter where the four petitioners Josephine Chirindo Ndune, Ekra Wambui Ndung’u, Davies Lawrence Bennette, and Farah Akbar were arrested and charged.
According to the petition, the four were arrested on February 12, 2025. After the arrest, the officers denied the petitioners access to legal representation or contacting the advocates of their choice despite being requested.
They indicated that their phones were confiscated and they never provided alternative means of seeking legal representation. “This in particular violated the express provisions of the constitution under Chapter 4 Article 50 (g) and (h).”
The arresting officers, despite being informed that Davies and Bennette are foreigners from America and Pakistan respectively, requested their embassies to be informed of their arrest and incarceration but they refused.
They also failed to inform the Ministry of Foreign Affairs or immigration.
The two foreigners are employees and agents of ELMWOOD Fields Leadership Alliance (ELFA) which offers Continued Professional Development (CPD) recognition and awards.
The petitioners were further arraigned in Shanzu Law Courts under criminal case E144 OF 2025 and were released on cash bail with an order to be supplied with statements to be relied on by the prosecution.
Upon raising the bond terms and securing their freedom, they were dissatisfied with how the ODPP handled the matter from arrest and arraignment.
On March 19 and 20, they addressed their concern to the ODPP through letters which they claim were ignored.
The petitioners claim that officers under ODPP mishandled them, by signing and approving and signing the charge sheet without their statements,
“Evelyne Keya, state counsel Shanzu Law Courts infringed our rights during the time of arrest and arraignment in court,” read part of the affidavit.
They say that they were never interrogated before the action taken by the ODPP to arrest and charge them, an action that has affected the two foreigners who have histories of medical complications. According to them, their passports were detained and they cannot travel despite being relied on by their families.
The petitioners say they are aggrieved by the actions and inactions of the arresting officers, the state counsels Shanzu Law Courts and the Regional state counsel in the coastal region.
