The DPP's office has filed an application in court to disqualify Justice Nixon Sifuna from hearing a corruption case involving the prosecution of former Kenya Pipeline Managing director Charles Tanui.
The DPP claims that the Judge should not preside over the case because he has often expressed his views on their practice of withdrawing cases.
The judge has recently called them out for withdrawing major corruption cases in court.
Sifuna recently condemned the trend by the ODPP saying that "Regrettably, this practice is increasingly gaining notoriety and becoming fashionable among Kenya prosecutors. This practice is not only unorthodox but also a vice that the prosecutors need to urgently start disabusing themselves of."
It is these sentiments that the DPP now says are damaging to them hence the bid to have him recuse himself from hearing their review.
"We are undoubtedly standing at a disadvantageous position before the Judge who has wholesomely condemned public prosecutors for a single act of seeking to withdraw a matter without interrogating the reasons behind the withdrawal but sweepingly condemning what the court has characterized as a 'laundry manner if prosecution practice'," says the DPP.
Tanui was charged in court in 2020 with alleged irregular payment of Sh40 million for the supply of three transformers when he was in office.
He was charged alongside Elias Maina who was the chief manager in charge of the technical department and Josphat Sirima who was the Chief engineer.