Public Service Commission(PSC) has accused the Director of Public Prosecution (DPP) Noordin Haji of allegedly using the courts to interfere with its constitutional mandate.
In its response to the order sought by Haji stopping the PSC from considering petitions seeking his ouster, PSC said the court has no jurisdiction to entertain Haji's petition because it amounts to controlling how the commission carries out its work.
PSC CEO Simon Rotich, the commission said in a sworn affidavit that what the Haji is seeking would amount to an order that is unconstitutional infringing on the rights of Kenyans to justice.
''What the DPP is seeking would amount to an unconstitutional order barring PSC from undertaking the constitutional mandate and barring Kenyans from exercising their right to seek justice in the event they feel the DPP has abused his powers or violated their rights'', read the affidavit.
Rotich wants the court to dismiss the petition by Haji saying that PSC is constitutionally bound to avail fairness to both parties.
''PSC is constitutionally bound to avail fairness to both parties and whereas it may appear to the DPP that fairness demands that a petition is dismissed, summary dismissal would not appear for fair to a petitioner who filed a petition for the removal of DPP'', said Rotich.
On the 29th of October Haji secured a court order stopping PSC from considering two petitions filed before it.