Nairobi — The Law Society of Kenya (LSK) has slammed the Director of Public Prosecution Noordin Haji for withdrawing major corruption cases against top officials saying the trend is detrimental to the fight against graft in the country.
LSK President Eric Theuri told journalists Thursday that the move poses a grave danger to the rule of law calling on DPP Haji to come out publicly and reveal the reasons behind the successive withdrawal of high-profile cases.
Theuri stated that in exercising his powers under Article 157 of the Constitution, the DPP is bound to consider public interest, the interest of the administration of justice, and prevent and avoid abuse of the legal process.
The LSK President particularly singled out the suit against Cabinet nominees including Public Service Cabinet Secretary nominee Aisha Jumwa whose vetting commences on Monday, October 17.
“The profile of the suspects invites significant public interest as to the motives of the discontinuation of the cases and further poses serious credibility concerns in the investigative capacity of our institutions,” he said.
Theuri said that DPP Haji owes the country an explanation as to the reasons informing the discontinuation of cases to restore confidence in his office.
“We are therefore alarmed by the recent decisions by the DPP as they point to either two disturbing scenarios; that the prosecutions were mounted for the ulterior purpose whose end has been achieved or overtaken by events or that the DPP has withdrawn the cases to aid an ulterior motive,” he said
If the cases are being withdrawn for lack of evidence to sustain the charges, the LSK President stated that the DPP must take responsibility and explain how the decision to charge was arrived at in the first instance.
“We all recall that some of the suspects were arrested in somewhat dramatic situations with the media press release as to the reasons for their arrest and arraignment in court. However, the discontinuation of charges has been done silently and without any press release from the DPP,” he added.
He further pointed out that the LSK is well aware of the rather frosty relationships between the former Director of Criminal Investigations George Kinoti and the DPP and what he described as sustained efforts by the DCI to prosecute cases without the consent of the DPP.
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Theuri also urged the Judiciary singling out the Magistrates handling different cases to insist on the DPP providing credible and cogent reasons before allowing the discontinuation of the charges.
“This is to assert the independence of the Judiciary and prevent the court’s being an arena for settling scores and abuse of judicial time and resources,” he said.
The withdrawal of multiple high-profile cases by the DPP evoked mixed reactions amid speculation over possible meddling.
While some have questioned the timing of the dismissal of suits most of which involve close associates of President William Ruto, others have defended the move, claiming that some of the allegations were fabricated by the regime of former President Uhuru Kenyatta for political reasons.
The country was thrown into a frenzy on Wednesday when the Director of Public Prosecutions Noordin Haji dropped some cases pending completion of respective trials.
Matters dropped include a graft case against former Kenya Power boss Ben Chumo.
Article 157 (8) of the Constitution (2010) allows the Director of Public Prosecutions to discontinue a prosecution with the permission of the court.
The Constitution further provides that the DPP can “discontinue at any stage before judgment is delivered any criminal proceedings” instituted by his office.
Further, Article 157 (10) dictates that the Director of Public Prosecutions shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority.
