Suspend Noordin Haji for ‘abusing his powers’, says activist
Director of Criminal Prosecutions Noordin Haji.
The Director of Public Prosecution’s decision to go slow on politicians implicated in corruption during the campaign period has stirred up a storm, with many terming it discriminatory and unacceptable.
An activist, Mr Charles Rubia, has moved to court to quash the DPP’s decision, claiming Mr Noordin Haji has grossly violated the constitution and stifled the fight against graft.
He wants the DPP suspended, pending investigations into the legality of his utterances, his personal interest and participation in the proceeds of graft.
He has asked the High Court to compel the Directorate of Criminal Investigations and the National Police Service to investigate Mr Haji and establish the nexus between him and cases against politicians.
Gracious immunity
“Mr Haji is encouraging the nation to look the other way blindly as politicians loot this country owing to this gracious immunity granted to them until the elections are over,” states Mr Rubia in his affidavit.
The activist says the DPP’s move does not support public interest and is a deliberate effort to circumvent justice through the abuse of his powers. In the meantime, Mr Rubia wants the court to declare Mr Haji’s decision “invalid and unconstitutional”.
Through lawyers Danstan Omari and Martina Swiga, he has accused the DPP of bias and favouring the political class by declaring that he won’t prosecute governors and MPs over corruption-related offences.
Mr Rubia argues that the directive is a blow to the war on corruption and would impede the dissemination of justice. The activist also accuses the DPP of advancing his own interests and abusing his powers.
He has urged the High Court to act swiftly since Mr Haji has abrogated his duties yet he has over 2,500 prosecutors who can sanction criminal trials. Mr Omari says over 5,000 cases are awaiting action at the DPP’s office.
One of the cases awaiting the DPPs approval is the Covid-19 millionaires scandal, who allegedly looted the Kenya Medical Supplies Authority. About Sh7.8 billion was allegedly lost in the scam meant to purchase PPEs for health workers.
Mr Rubia has sued Mr Haji, the National Council on Administrative Justice (NCAJ) chaired by the Chief Justice Martha Koome, the Ethics and Anti-Corruption Commission, Public Service Commission, DCI and NPS.
He has also named the Independent Electoral and Boundaries Commission (IEBC), Assets and Recovery Agency (ARA), Kenya Revenue Authority and the National Treasury of Kenya as interested parties.
Pursue criminals
The petitioner wants the DCI and IG to continue discharging their constitutional mandate in investigating and preferring charges against suspects irrespective of the decision of the DPP.
The activist is challenging the DPP to present before court the law which mandates him to discriminate in favour of politicians. Mr Rubia claims Mr Haji seeks refuge in his faith when criticised over his actions by asking his religious leaders to issue statements in his support.
Mr Rubia says Mr Haji should pursue criminals as per the prosecutorial mandate conferred to his office instead of seeking sympathy and excuses.
“Mr Haji has no liberty to suspend, break and or bend the rule of law to his favour or discriminately favour politicians over ordinary Kenyans who have found themselves on the wrong side of the law,” he offers.
The petitioner says Mr Haji’s decision to let loose suspected graft politicians sends the wrong signal to the public about integrity in management of public resources.
The petitioner says the DPP must be held accountable in the manner in which he dispenses justice in matters of great public interest.
