Director of Public Prosecutions (DPP) Noordin Haji on Wednesday announced that he would not proceed to prosecute nine cases involving governors and had instead referred them back to the Ethics and Anti-Corruption Commission (EACC).
DPP Haji outlined that the EACC needed to address a number of gaps in the evidence collected for the cases, including insufficient evidence provided concerning banks.
The public prosecutor expressed shock at the gaping lapses while adding that the situation was similar for 48 other cases involving senators and Members of Parliament (MP).
"It is unfortunate that this has to come up here. We have the cases but there is no sufficient evidence. We revert files to the prosecution and investigators for solid evidence.
[caption caption="DPP Noordin Haji"]
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"I understand there is much pressure for investigation agencies to crack corruption cases. However, we have identified several gaps touching on oversight and lack of serious scrutiny.
"I assure this committee that we shall not bow to any pressure. I will not take up a case that I know will fail. This would mean failing the Kenyan people and contravening the vow to protect public property," the DPP told the Senate Justice and Legal Affairs Committee.
Speaking to the committee chaired by Nandi County Senator Samson Cherargei, DPP Haji stated that it was possible that some investigators, prosecutors and judiciary may have been compromised.
Seeking to assist the DPP, Siaya Senator James Orengo suggested that he needed to work together with relevant institutions to fix the challenges he is facing.
Senator Orengo further observed that only one of the nine suspect governors could be prosecuted.
Busia Senator Amos Wako asked the DPP to issue timelines to the EACC to ensure the goals were met.
[caption caption="File image of the Senate in session"]
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