Noordin Haji conflicts with investigative agencies

The Director of Public Prosecution (DPP) Noordin Haji has ignited a fresh war with investigative agencies over files which have been sitting in his office but he has refused to prosecute over what he calls shoddy investigations.

This is as pressure continues to mount on the Directorate of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission (EACC) over a surge in the number of stalled cases, a fact that is threatening the war on graft.

At the heart of this new war is the refusal by the DPP to charge those suspected to have swindled billions of Covid-19 funds through the Kenya Medical Supplies Authority (Kemsa) more than a year since the scandal broke out.

There has been a back and forth between the EACC and the DPP since October last year over investigations on the scam. EACC insists that it has enough evidence to charge suspects in court. The DPP, on the other hand, says he cannot prosecute a file that does not have enough evidence to get a conviction.

“I will not as ODPP go to court and charge individuals for administrative breaching oversight. There must be evidence of money lost and evidence to show that it not mere administrative oversight,” said Mr Haji yesterday.

Kemsa scandal

“If a file is brought for convenience of the public to show that we have charged, I will not do it. I am willing to lose my job for that because I will not lie to the Kenyan people,” said the DPP.

EACC is under pressure to bring to a close the Kemsa scandal, which is said to have cost taxpayers at least Sh7 billion during the early days of the Covid-19 pandemic. President Uhuru Kenyatta in August last year gave EACC and the DPP 21 days to charge suspects in court.

It is now 14 months since the President issued the ultimatum. There is still no indication that investigations are close to being concluded. Instead, EACC and the DPP have started a war similar to what Kenyans have seen for the last two years between Mr Haji and the DCI boss George Kinoti.

The relationship between Mr Kinoti and Mr Haji has fallen apart so badly that the DCI has asked the National Council on the Administration of Justice (NCAJ) to intervene.

“The ODPP has been interfering with matters that are under investigations albeit the fact that the investigations by the DCI may not necessarily have to be forwarded to the courts for criminal proceedings or even to the ODPP’s attention,” wrote the DCI to NCAJ on August 30.

Wealthy people

“It is noteworthy to mention that cases touching on moneyed or wealthy people and where colossal sums of money are involved have been the tag of war between the ODPP and the police,” said the DCI.

Although the DCI and the DPP have been at logger heads since the beginning of last year, things between the two took a nose dive in June after Mr Haji instructed that all investigations on public figures or involving large sums of money be brought to his attention.

“The DPP has directed that all cases involving public figures or huge sums of money in which prosecution is likely to have an impact on the administration of justice and the rule of law must be brought to his attention and authority sought before a decision is made either to charge or not to charge,” Mr Haji ordered his officers on June 9.

While this directive could have been made in order to streamline operations, it effectively means that the DCI cannot arrest anyone in a case that has got high interest like it used to happen, without the express authority of the DPP.

 “The DPP has not given the yardstick or standard of measure to qualify or quantify a ‘public figure’ or ‘huge sums of money.’ The law pronounces itself as to the offence and not the societal standing of the suspect nor the financial might,” the DCI has reported to NCAJ.

Among the investigations which have stalled at the DCI is the 2018 maize importation scandal, Sh29 billion Itare Dam, Kenya Power tokens and the Kenya Ports Authority (KPA) Inland Container Depot land leasing scandals.

EACC which has for the better part of the last one year been seen to be more effective in its investigations since the DPP and DCI fell out is now finding itself on the same side of the fence where it has to fight for its interests.

“EACC wishes to clarify that whereas statutory reports indicate that the investigation files were forwarded to the Office of the Director of Public Prosecutions (ODPP), they have in the intervening period been returned to EACC to address points raised by the DPP,” said EACC in an attempt to diffuse tension.

Among the investigations which have stalled at EACC is the National Hospital Insurance Fund (NHIF) scam, Kenya Pipeline Company Sh40 billion pipeline scandal and the Galalan Kulalu scandal.

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