DPP Noordin Haji In Serious Trouble As Petitioner Seeks His Removal

by Wakili Liam
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Noordin Haji, Director of Public Prosecutions (DPP)

Mahakamani News is in possession of the petition filed to remove the Director of Public Prosecution Noordin Haji.

The family of the late Tob Cohen, through their lawyers, are accusing DPP Haji of mishandling the murder case of their kin.

Cohen’s family is also accusing the DPP of mishandling other cases among them Direct Line Assurance Limited and the Kenya Medical Supplies Agency (KEMSA) case.

The petitioner; Cohen’s sister Gabriel Hannan Van Straten, claims that the DPP despite having 19 years of experience in the legal practice, since he took office, he has never set foot in any known courts of law whether in the subordinate courts or the Superior Courts.

“The DPP Public Haji lacks all requisite experience as provided for under Article 157 (3) Constitution of Kenya, 2010,” reads the petition.

The petitioner further claims that actions of the DPP interfering with Criminal investigations by the DCI is taking centre stage during investigations.

The family claims that the Director of Public Prosecutions is operating openly with impunity by protecting persons that are perceived as influential or high in social status such as Justice Sankale, a clear indication of abuse of office and misuse of power on his part.

“That Noordin Haji the DPP herein, has demonstrated such abuse of power and abuse of office by restraining the Director of Criminal Investigations from arresting the Judge Sankale, for his involvement in the murder and subsequent cover up of the Petitioner’s brother Tob Cohen until and unless the Director of Criminal Investigation gets explicit authorization from him (Director of Public Prosecutions),” reads the petition.

They further claim that such a directive from the DPP does not serve the best interest of justice for the victims of the late Tob Cohen.

DCI Boss George Kinoti

Long knives

In the past two weeks there have been accusation between various camps on who wants what as pertains to DPP and Directorate of Criminal Investigations (DCI).

This just escalates the many wars between the two govt agencies on who bangles cases.

DPP has often accused DCI of shoddy investigations making cases collapse in court; on the other hand, DCI claims DPP is a stumbling block in many serious cases.

The rivalry between the Director of Criminal Investigations (DCI) and Director of Public Prosecutions (DPP) may be the weakest link in the fight against corruption.

Just last week, DPP accused DCI of sponsoring a bill through some lawmakers, to do away with the office.

DCI did not respond.

Constitution

In order to protect the independence and authority of the DPP, Article 157 (10) of the Constitution provides that the DPP does not require the consent of any person or authority for commencement of criminal proceedings and in exercise of his functions, he is not under the direction or control of any person or authority. The DPP is, nonetheless, under duty to take into account and safeguard public interest in the exercise of his mandate.

Under Article 244(b), police are mandated to prevent corruption and promote and practice transparency and accountability. The DCI is established under section 28 of the National Police Service Act and is under the direction, command and control of the Inspector-General of the National Police Service.

lsk
Nelson Havi, LSK President

Law Society of Kenya

Calling for the wrangles to end, Law Society of Kenya President Nelson Havi said the ongoing power wrangles between the two offices is likely to interfere with major cases.

In a statement that was released on Friday, Havi said that in the hierarchy of powers related to criminal investigations and prosecutions, Article 157 (4) of the Constitution elevates the DPP above the DCI.

He said the discord between DCI and ODPP must be contextualised and the parameters of their powers defined to end and avert similar unnecessary spectacles in the future.

Cohen’s body was discovered in a septic tank

Tob Cohen Murder

In late 2019, billionaire Tob Cohen went missing. His body was later found in a septic tank.

It was a gruesome murder.

To date no one has been jailed for the murder as courts engage in circus.

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