A petitioner Charles Rubia now wants the Director of Public Prosecution Noordin Haji to step aside to pave way for investigations on utterances he made against charging politicians.
Rubia has moved to court to challenge a decision by the office of Director of Public Prosecution not to charge politicians during the campaign period.
Through his lawyer Danstan Omari, the petitioner argues that the decision by DPP Noordin Haji is an outright abuse of power and unconstitutional.
Rubia also wants the Court to grant him orders to pave way for investigations on Haji for his personal interest and participation in proceeds of graft.
This after Haji in an exclusive interview with the Star Newspaper said ODPP has halted approval of corruption files linked to politicians during the election period and that the files will not be acted on until after the elections.
Rubia says the directive will slow down the arraignment of political heavyweights facing graft charges and the same time encourage those in positions of power to take advantage of the remaining period to loot public coffers.
He argues that the directive is a blow to efforts made by other stakeholders in the fight against corruption and a deliberate effort to circumvent justice.
In his petition, Rubia wants the matter certified as urgent and the court to issues temporarily conservatory orders staying the implementation of the decision by Haji.
He further wants the court to issue a declaration that the directive by Haji is unconstitutional and therefore invalid.
The petitioner accuses Haji of politicizing corruption cases by giving politicians leeway and favoritism over ordinary Kenyans.