Director of Public Prosecutions (DPP) Noordin Haji’s journey to succeed Philip Kameru as the country’s top spy now faces a double hurdle in a petition to the Public Service Commission by a group of civil society organisations and a case filed at Nakuru High Court.
The civil society organisations under the umbrella body National Integrity Alliance petitioned the PSC calling for the sacking of Haji on the grounds of gross misconduct, incompetence and non-compliance with chapter six of the constitution.
“DPP has made several applications to withdraw prosecution several active cases in court including graft-related cases on grounds of insufficient evidence to sustain a prosecution, this is despite the law requiring that DPP does not initiate prosecutions until and unless he is convicted that the evidence available is admissible and sufficient,” said Sheila Masinde – Executive Director, Transparency International.
The groups claim that through Haji’s incompetence about seven graft-related cases involving senior government officials were dropped costing the taxpayers an estimated Ksh.11 billion at a time when the country is facing serious financial challenges.
Meanwhile, a private citizen Katherine Cherotich from Nakuru County has also moved to court to stop planned vetting and subsequent appointment of Haji as NIS Director General on grounds that he violated the constitution by withdrawing cases involving senior government officials, failing to order investigations into cases of extrajudicial killings and also eroded the independence of the office of DPP.
Haji while responding to the claims of withdrawal of cases has argued that he is entitled in law to withdraw any case where he feels there is no sufficient evidence.
“I have become unanimous with withdrawals but withdrawals are provided under the constitution and it is a right, and where there is a miscarriage of justice we must no matter who that person is in society, that withdrawal must apply if it is justified,” said Haji.
The DPP was speaking during the launch of the complaints and case review system at Nairobi Remand Prison at the Industrial Area.
The online system is meant to make it easier for anyone to file a complaint or review their case and also help in decongesting prisons in the country.
