DPP Noordin Haji Explains Why He May Not Prosecute NYS Suspects

  • Director of Public Prosecutions (DPP) Noordin Haji on Wednesday divulged that he may be unable to prosecute suspects of the ongoing corruption cases. 

    According to the Haji, the Ethics and Anti-Corruption Commission (EACC) has not provided his office with sufficient evidence to proceed with the prosecution. 

    The DPP's recent confession contradicts his earlier statement asserting that his office had sufficient evidence to carry on the prosecution of the suspects. 

    Speaking to journalists after the arrest of the 54 NYS suspects, Haji affirmed that his office had sealed all the loopholes that were recorded to have led to the collapse of previous corruption cases in which several individuals accused of stealing billions in taxpayers’ money get acquitted for lack of evidence.

    [caption caption="File image of DPP Noordin Haji and EACC chairman Eliud Wabukala"][/caption]

    "We have sealed the loopholes to ensure it doesn’t happen again. The evidence is overwhelming in this case. We will prove to the court that no procurement took place, no goods were supplied and there was no documentation of how the money was paid out," the DPP is recorded mentioning.

    Speaking to NTV on Tuesday, an officer of the anti-corruption body confirmed that none of their officers have been involved in the investigation that resulted to the detention of the suspects who were denied bail by the court. 

    The EACC and the DCI have been reported to allegedly be at loggerheads following their different functions in the investigations of the corruption cases.

    According to EACC, all their investigators always operate on their behalf and have no relations with the Directorate of Criminal Investigations (DCI).

    The law, according to the EACC Act Section 11 (d) stipulates that the agency is allowed to: "Investigate and recommend to the Director of Public Prosecutions the prosecution of any acts of corruption or violation of codes of ethics."

    Additionally, Section 11(3) of the Act notes that: "The commission may cooperate and collaborate with other State organs and agencies in the prevention and investigation of corruption."

    The National Police Service(NPS) Act, however, expressly allows the DCI to undertake investigations in accordance with the NPS Act Section 35 (b) which exclaims "...the DCI shall undertake investigations in many areas including money laundering, terrorism, economic crimes, piracy, organised crimes and cybercrime among others..."

    With the various Acts empowering the different institutions, contention has arisen on whether the decision by the court to deny the suspects bail was informed by documentation prepared by an office that lacked the mandate to hold brief for the EACC. 

    The Chief Inspector of Police Julius Muia, who was the lead inspector in the Ksh9billion NYS scam and the one who swore the affidavit that denied suspects bail, was dropped following his relations with some of the suspects.

    [caption caption="File image of NYS suspects in court"][/caption]