High Court Issues Directive on DPP Haji's Ouster

The High Court on Friday, October 29, 2021, issued directives to the Public Service Commission (PSC) after two parties filed petitions for the removal of Director of Public Prosecutions (DPP) Noordin Haji from office.

PSC was ordered to suspend consideration of the petitions pending the determination of the two cases.

The court further restrained the Office of the Director of Public Prosecutions (ODPP) and DPP 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 Dutch tycoon Tob Cohen accused the DPP of mishandling the case.

They also sought his romal for how he is handling the Direct Line Assurance Limited and the Kenya Medical Supplies Agency (KEMSA) cases.

The family argued that the DPP lacks the requisite experience to effectively handle the cases adding that he has not stepped into any known court 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.

On Monday, October 25, Nairobi businessman Francis Njeru filed a petition in court seeking the removal of DPP Haji from office over alleged interference in a land-related case.

DPP Haji had moved to court in 2020 seeking to withdraw a case against two people he had charged with land fraud.

However, Milimani court senior resident magistrate Roseline Aganyo ruled that the criminal case was of great public interest since it involved land fraud and must, therefore, be heard to the end.

ARJ Capital Ltd director Ahmed Jibril and his co-accused Farah Mohammed were charged with conspiracy to defraud Njeru of his land worth Ksh150 million at the Nairobi Inland Container Depot on October 19, 2015.

In his application at the High Court, Njeru through Anyango Opiyo and Co Advocates said there was need to prevent and avoid abuse of the legal process.

He said the DPP and the accused persons did not challenge the charge sheet as being defective or give reasons for the application as required.