Court Gives Order on DPP Noordin Haji's Removal from Office

  • Director of Public Prosecution Noordin Haji (R) and Directorate of Criminal Investigations (DCI) boss George Kinoti after a Committee meeting with the Multi-Agency team on Corruption at Parliament.
    Director of Public Prosecution Noordin Haji (R) and Directorate of Criminal Investigations (DCI) boss George Kinoti after a Committee meeting with the Multi-Agency team on Corruption at Parliament on January 25, 2019
    The Standard
  • The High Court has issued orders to the Public Service Commission (PSC) on Director of Public Prosecutions (DPP) Noordin Haji's removal from office following two petitions by people accusing him of inability to execute his mandate objectively.

    On Friday, October 29, the court suspended the PSC from considering two petitions seeking the removal of Haji from office pending the hearing and determination of the matter.

    The court also issued conservatory orders stopping the DPP's office and Haji from commenting or discussing the matter before the PSC and the High Court in regards to Justice Sankale Ole Kantai.

    This comes after the family of slain Dutchman Tob Cohen sought the removal of Haji from office, citing mishandling of Cohen's case.

    The Cohen family also argued that DPP should be sacked due to his handling of the Direct Line Assurance Limited and the Kenya Medical Supplies Agency (KEMSA) case.

    Tob Cohen's brother in-law Roy and sister Gabrielle Van Straten on September 13 when police retrieved his body in an underground tank.
    Tob Cohen's brother in-law Roy and sister Gabrielle Van Straten on September 13 when police retrieved his body in an underground tank.
    (COURTESY)

    In court documents, the Cohen family stated that the DPP lacked requisite experience and added that Haji had not set foot in any known courts of law. 

    "That in acting in the manner as enclosed herein this humble petition, the Director of Public Prosecution fits the criteria for the removal of office consistent with the provisions under Article 158 of the Constitution of Kenya, 2010," the court document read in part.

    Cohen’s sister Gabriel Hannan Van, accused Haji of lacking objectivity, wit and impartiality in his decision making. She added that Haji's directives are influenced by nepotism, favouritism, other improper motives or graft practices contrary to Article 73(2) of the Constitution.

    She further claimed that the DPP had misused his power and office by restraining the Director of Criminal Investigations (DCI) from nabbing Judge Sankale Ole Kantai.

    Two weeks later, another petition was filed by Nairobi-based businessman, Francis Njeru, who alleged that the DPP failed to prosecute two directors of a company who were allegedly charged with forging the land documents in question.

    Njeru claimed that the DPP was reluctant to prosecute the two directors because of a conflict of interest since he (Haji) was related to them.

    He further stated that the DPP Haji was unfit to hold office for acting against the public interest, adding that the Haji charged him with fraud with the aim of having the case dismissed.

    The petitioner claimed he was approached by a mutual friend known both to him and the prosecutor that should he drop the charges against the two directors and abandon the case in which he is privately prosecuting and the charges against him will also be dropped.

    But DPP Haji speaking during the launch of the second strategic plan (2021-2026) for the National Council on the Administration of Justice (NCAJ), on Thursday, October 28, stated he will not quit and his main focus was on helping Kenyans get justice in accordance with the constitution.

    He accused his critics of painting him in a bad light and added that he would not compromise constitutional provisions to grant them their wishes.

    DPP Haji insisted on dialogue whenever complainants are not satisfied with his actions, rather than using the court of public opinion to prosecute matters.

    Director of Public Prosecutions Noordin Haji addresses the media on Thursday, March 5, 2020.
    Director of Public Prosecutions Noordin Haji addresses the media on Thursday, March 5, 2020.
    Simon Kiragu
    KENYANS.CO.KE