DPP Haji Changes Mind On Graft Case Against Former Governor

Lenolkulal was battling a Ksh80 million graft case.

Marvin Chege Marvin Chege
Oct 14, 2022 - 08:13 Updated: Oct 14, 2022 - 08:28
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DPP Haji Changes Mind On Graft Case Against Former Governor
Director of Public Prosecutions, Noordin Haji. /FILE

Director of Public Prosecutions (DPP) Noordin Haji has withdrawn his application that sought to drop charges against former Samburu Governor Moses Lenolkulal.

He made the decision on Friday, October 14 from his initial application whereby he sought the court's permission to drop the Ksh80 million corruption case against Lenolkulal.

Haji had told the court that the evidence he had gathered was insufficient in incriminating the governor. 

Former Samburu governor Moses Lenolkulal. /FILE

However, Magistrate Thomas Nzioka declined his original application to drop the case, asking the prosecution to provide sufficient reasons to support his argument.

The matter will now proceed to a full hearing in January 2023, whereby a determination will be made.

This is after the Law Society of Kenya (LSK) faulted Haji's decision to withdraw some of the high-profile corruption cases in a single day.

Speaking to the media on Thursday, October 13, LSK President Erick Theuri took note of the dramatic arrests of some of the suspects in the graft cases, with statements on the same issued subsequently.

However, Theuri took fault with the manner in which the charges were dropped; without a statement from the DPP on the same, with Kenyans only knowing about them through the media.

"We all recall that some of the suspects were arrested in somewhat dramatic situations with the media press releases as to the reason for their arrest and arraignment in court. However, the discontinuation of the charges has been done silently without any press release from the DPP," he stated.

Theuri poked holes in DPP Haji's moves made in court, terming them as suspicious.

He compelled him to publicly explain to Kenyans why he decided to drop the cases, for the sake of setting a good example and enhancing credibility in the war against corruption in the country.

To make sure their demands are met, Theuri challenged the Judiciary to insist on DPP Haji providing credible reasons before dropping the charges.

"The DPP owes the country an explanation as to the reason informing the discontinuation of cases. If the cases are being withdrawn for lack of evidence, the DPP must take responsibility and explain how the decision to charge was arrived at in the first instance.

"We call on the judiciary and especially the magistrate handling the cases to insist on the DPP providing credible reasons before allowing the discontinuation of the charges. This is to assert the independence of the judiciary and prevent the courts from being an arena for settling scores and abuse of judicial time and resources," he added.

He went on to state that if the DPP and police continue to charge people without a proper basis, Kenyans will lose trust in them. He said, "it seems that the withdrawal of the cases are meant for public service appointment."

Theuri further threatened to take action against Haji if he failed to disclose to the public the reasons for dropping the charges.

Collage of LSK President, Eric Theuri and DPP Noordin Haji. /FILE

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