The Director of Public Prosecutions Noordin Haji has called Chief Justice David Maraga to intervene, following a court order that halted Lawyer Tom Ojienda’s prosecution in the Mumias sugar case.
In a statement released on Monday evening, Haji claimed that the court ruling had crippled the DCI and his office thus rendering them helpless.
He also highlighted that by halting the prosecution, the court was putting the witnesses and evidence in the case at risk of jeopardy.
Lawyer Tom Ojienda
According to the ruling, Haji explained, they could not pursue any cases involving Ojienda until petition 470, which seeks to determine whether the DPP acted illegally was acted upon.
The DPP Also called out Ojienda for failing to take a plea in court even though all other pleas were taken.
He expressed his suspicion for Ojienda’s Arguing that setting aside the case was for unknown reasons since the prosecution and the accused were both represented in court.
While citing several cases in which similar orders were issued in favor of Ojienda, The DPP noted a trend in which conservatory orders were issued ex-parte, beyond the stipulated 14-day period.
“These orders are all in favor of a particular litigant as they raise serious questions on the principle of equality before the law,” he expressed.
Haji, however, promised to respect the court ruling, but termed it as a major setback in the anti-corruption war.
