Why Are You Loud On Arrests But Silent On Dropping Cases?- LSK To Haji

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.

Why Are You Loud On Arrests But Silent On Dropping Cases?- LSK To Haji
Collage of LSK President, Eric Theuri and DPP Noordin Haji. /FILE

The Law Society of Kenya (LSK) has become the second entity in a matter of hours to corner the Director of Public Prosecutions (DPP) Noordin Haji over his decision to discontinue three 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.

Director of Public Prosecutions, Noordin Haji. /FILE

"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 If the cases are being withdrawn for lack of evidence, the DPP must take responsibility and explain how the decision to charge was arrived at in the first instance.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.

"DPP must come out and give an explanation, failure to which we will review evidence in the cases and proceed with a private prosecution. The DPP ought to resubmit the investigating files and seal the gaps but not withdraw the cases," he added.

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), earlier raised an alarm over his moves which included the withdrawal of Ksh19 million graft charges against Public Service Cabinet Secretary nominee Aisha Jumwa.

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.

Jumwa was nominated to President William Ruto's Cabinet alongside Agriculture Cabinet Secretary (CS) nominee, Mithika Linturi, who had a case filed against him by a woman who had accused him of attempted rape withdrawn.

Aisha Jumwa and Mithika Linturi, nominated as CSs for Gender and Agriculture, respectively. /FILE