Explain sudden change of mind on graft cases
What you need to know:
- The decision has fuelled suspicion that there may be an external hand in the development.
- DPP Noordin Haji cannot ignore the rumours and innuendo casting this important office in the delivery of justice in a bad light.
- If there has to be an about-turn due to the emergence of new developments, then Mr Haji should publicly explain those circumstances.
The sudden withdrawal of graft and other cases involving some of the people nominated to top positions in the new government has put the Office of the Director of Public Prosecutions (ODPP) in the spotlight.
The decision has fuelled suspicion that there may be an external hand in the development.
DPP Noordin Haji cannot ignore the rumours and innuendo casting this important office in the delivery of justice in a bad light.
It is, of course, normal to review and drop cases. Ideally, though, it should not happen to cases filed several years ago, when the prosecution was fully convinced that adequate evidence to secure a conviction had been gathered.
If there has to be an about-turn due to the emergence of new developments, then Mr Haji should publicly explain those circumstances.
The question that arises then is whether the charges were ineffective or based on flimsy evidence.
This could expose the ODPP to accusations of wrongful prosecution, which might undermine its reputation.
Critics have wondered whether this is a special treat for a few well-connected people, particularly politicians, or other cases have been similarly dropped.
DPP Haji has had a robust tenure that has enhanced public confidence in this key office.
The curiosity that has arisen is because the decisions have cleared the way to senior public appointments for criminal suspects.
It would have been better to proceed with the cases so that the courts determine their guilt or innocence.
The accused are innocent until proven guilty, but the hasty withdrawal is bound to leave queries hanging over their reputations.
Also, could the ODPP, for instance, have been used in political vendettas against these suspects?
Or could the sudden change of heart be meant to enable the prosecution to come up with more water-tight evidence?
Dropping cases for any other reason, apart from lack of evidence, can set a bad precedent.
We want to believe that, since the ODPP should not engage in malicious prosecution, leading to the harassment and public humiliation of such prominent people and other equally innocent Kenyans.
It is, indeed, important that justice is done and seen to be done, irrespective of the status of the accused.
