Mr. Noordin Haji, Director of Public Prosecutions(DPP), has identified political involvement as a major source of dissatisfaction in his pursuit for justice in his role as a public servant.
On Arror and Kimwarer
DPP Noordin Haji said on national TV that Arror and Kimwarer “had nothing whatsoever to do with Kenya’s Deputy President William Ruto.” In the video below, DPP Noordin Haji spoke to Anne Kiguta of K24. @ODPP_KE#MbogaZaUhuru
— Luhya Pounds (@luhya_pounds) September 7, 2021
This comes after last weeks viral threads by an account that alleges to be a fan account of blogger Cyprian Nyakundi accusing ODPP of using his office to facilitate political witchunt.
DPP Noordin Haji, while dismissing the case, said that his office stands for truth and justice. The DCI had staged a crime scene to implicate the blogger, the High court had ruled.
For how long will @ODPP_KE officials eat money from Victoria Bank CEO Yogesh Pattni( Who now controls DCI and DPP) to frustrate me? When is it enough?. Can the ODPP declare their Interest? Are they now working for Yogesh?
— Cyprian, Is Nyakundi (@CisNyakundi) August 25, 2021
Last week, The Star Newspaper reported that Mr Haji had assumed that he would serve as a civil servant without ‘fear or favour’, as he took over office in 2018.
“Though I expected challenges while discharging this role, I did not foresee irrational politicisation of cases the office prosecutes. The politicisation of cases specifically on corruption and abuse of office greatly impedes prosecution and greatly delays justice,” he is quoted by The Star.
Haji reportedly said that when the subject is a state officer or a member of the justice system, frustrations crop in in terms of slowed down investigations and court processes. The majority of such cases, he said, take a political turn as political camps apply pressure on the ODPP.
“We cannot prefer charges against a person if we do not have evidence. The evidence must meet a certain threshold before a case is taken to court,” The Star quoted him.
According to the ODPP, political roadblocks are a big hindrance to the prosecution process especially when prominent individuals are the subjects of investigations. He noted that applications and court orders against prosecution of the accused, pose as challenges in ensuring a just process, hence prolonged court cases. The set prosecution timeline is usually 2 years.
DPP Haji said that the ODPP cannot serve with efficiency if state officers charged with corruption remain in office while the case proceeds. Further, Mr. Haji was disappointed that the majority of accused state officers still bear office despite being officially charged with misuse of public resources.
“Parliament should enact laws that demand that anyone formally charged leaves office until the matter is concluded,” he is quoted saying.
The ODPP like other public offices are obligated to fight corruption, especially through a multi-agency framework that offers support against graft cases.
Malindi MP Aisha Jumwa and family were accused of receiving about Sh100 million of the Sh500 million under investigation from the (NCDF). The file is said to be stuck at the ODPP.
Files pending in Haji’s office – The cases involving a Nyahururu magistrate, Tatu City, Blue Shield Insurance, Kenya Ports Authority, Masai Mara University funds embezzlement, extortion case of blogger Cyprian Nyakundi and Kenya Pipeline Corporation Mombasa line
The case stalled involving former Finance CEC at Garissa county Idris Mukhtar, who was shot in his car at the parking of a restaurant near the Kileleshwa mosque, Nairobi, on August 18, 2018. He was shot and left for dead.