DPP Haji Cornered Over Alarming Withdrawal Of Graft Cases
Other corruption charges withdrawn include a Ksh400 million case against former Kenya Power Managing Director, Ben Chumo and 10 others, ostensibly for lack of evidence and
admin
Director of Public Prosecutions (DPP) Noordin Haji has been put on the spot following a Super Wednesday whereby he withdrew three high-profile corruption cases in a short period.
The National Integrity Alliance (NIA), a citizen-centred integrity and anti-corruption coalition comprising Transparency International Kenya (TI-Kenya), Inuka Kenya Ni Sisi!, Mzalendo Trust, The Institute for Social Accountability (TISA), and The Kenya Human Rights Commission (KHRC), raised an alarm over his moves which included the withdrawal of Ksh19 million graft charges against Public Service Cabinet Secretary nominee Aisha Jumwa.
In a statement dated Thursday, October 13, NIA regretted that there are other criminal and civil cases against certain high-profile political individuals lined up for executive appointments in the new government that have been dropped for unclear reasons in the past few weeks.
Former Malindi MP Aisha Jumwa. /DAILY NATION
Additionally, they questioned the sudden zeal of the DPP to withdraw cases without proper justification to members of the public.
"The timing of the withdrawal of cases, coming just days to the vetting of cabinet secretary nominees and interviews for principal secretaries raises eyebrows and irreparably damages to the implementation of Chapter Six of the Constitution on leadership and integrity.
"In exercising the powers of prosecution, the ODPP must ensure regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process. The ODPP does not have blanket unilateral power to file and drop cases as it so wishes but must be guided by the law and the Constitution," the statement read in part.
According to NIA, the DPP, similar to every other public servant, acts on delegated power from the people of Kenya which must be exercised in the public interest and in utmost good faith, an overriding interest that must guide ODPP in every decision including whether to file or drop a case.
The alliance further exposed the DPP as being on record stating that his office only files charges in court when fully satisfied that the cases have met the evidentiary threshold to secure a conviction which in criminal cases must be beyond a reasonable doubt.
They added that at times, Haji's office has been known to often refer files back to investigative agencies to supply further information and/or evidence before any prosecutorial action is taken.
"This modus operandi, while sometimes frustrating, is lauded as an act of professional thoroughness, zeal, passion and professionalism. It can therefore be justifiably assumed that prior to the filing of the aforementioned cases, the ODPP was satisfied by the evidentiary threshold to convict him and his office that criminal offences had been committed and were prosecutable. If this was the case, then the DPP’s decision to withdraw the charges now, calls for a review of his conduct for possibly bringing on board faulty cases.
"These actions could also be a pointer to political pressure (at the time the charges were made or withdrawn) and interference in the judicial processes thus placing our democracy at risk," the alliance warned.
It added that the lack of disclosure from his office leads to speculations on the ODPP’s commitment to the fight against corruption, and to preserve, protect and defend the Constitution in regard to leadership and integrity.
It compelled the DPP to immediately give information to the public on the reasons informing the withdrawal of each case and individual charges as in the case of Aisha Jumwa and maintain high levels of professionalism and independence required of the office by the Constitution.
Other corruption charges withdrawn include a Ksh400 million case against former Kenya Power Managing Director, Ben Chumo and 10 others, ostensibly for lack of evidence and Haji's intention to withdraw a Ksh80 million graft case against former Samburu Governor Moses Lenolkulal.
"We demand that the ODPP give information to the public on what elicited the decision to charge, the justification to withdraw the cases, and copies of the investigation file properly redacted.
"Our courts also have a duty to protect the rule of law and constitutionalism. We call upon the courts
to scrutinise each application for the withdrawal of cases and demand valid reasons," it added.
NIA also urged Members of Parliament not to approve individuals of questionable conduct. According to the schedule by the National Assembly, the vetting process will last from Monday, October 17 through to Saturday, October 22, with Prime Cabinet Secretary Musalia Mudavadi being the first to be vetted.
