A city lawyer has sued the Public Service Commission (PSC) for dismissing his petition that seeks the removal of Director of Public Prosecutions Keriako Tobiko from office over alleged gross misconduct.
Mr Nelson Havi wants the committee compelled to re-consider his petition a second time as per the Fair administrative action Act.
In his court documents, he argued that his petition was merely dismissed by the commission without a fair hearing as there was no clear response filed on the issues he had raised.
“PSC’s decision was made in bad faith, was not connected to the information presented before it and is an abuse of power in its entirety,” he said.
In his petition, he accused Mr Tobiko of being controlled by a cartel since he assumed his position in June 2011, hence violating the Leadership and Integrity Act.
He claimed that the DPP was hastily appointed in office despite recommendations that he was to be investigated on issues touching on his character, integrity and impartiality.
And even after the DPP took over office, Mr Havi said, he has continuously demonstrated gross misconduct in the manner he has handled his tasks.
The lawyer further accuses the DPP of interfering with prosecution of cases.
He said the issues raised against Mr Tobiko could only be investigated by police.
He, therefore, wanted PSC to order President Uhuru Kenyatta to suspend Mr Tobiko and a tribunal be set up to investigate him.
In his suit, he wants the decision of dismissing the petition be quashed.
He also alleges that the National Assembly Official Report dated June 15, 2011 indicates that issues raised against the DPP could only be investigated by police as the House is not competent to conduct the requisite investigations.