NAIROBI Kenya May 25 -Withdrawal of cases before court is not sufficient ground to question the suitability of Director of Public Prosecutions (DPP) Noordin Haji as the country’s spymaster.
Civil society organizations have defended Haji’s nomination as the next Director General of the National Intelligence Service (NIS) saying the ODPP does not manufacture evidence, and only make decisions based on the facts provided.
“However strong a case is, without sufficient evidence it cannot effectively be prosecuted. If the investigative agencies fail to provide sufficient evidence the DPP cannot be blamed for withdrawing them. Also, Article 157 of the Constitution allowed the DPP to withdraw cases,” they said.
They groups were reacting to a petition by the National Integrity Alliance (NIA) to the Public Service Commission (PSC) opposing his appointment claiming Haji had a compromised track record.
NIA said Haji’s failed to fulfil his constitutional obligations, and that he blatantly failed to adhere to provisions of Article 157 of the Constitution, which prohibits commencement and/or withdrawal of criminal cases due to influence, coercion, consent or authority of any person.
The organizations however said some of the cases were withdrawn after it was later revealed that the investigating officers deliberately distorted crucial evidence.
In one of the cases involving businessman Jimmi Wanjigi whose case was dropped on Tuesday last week, it was established that the detectives opened a parallel file to mislead the ODPP.
The organizations including the Consortium of Grassroot Civil Society Organizations and the Eastleigh Business District Association (EBDA) on Thursday May 25 said Haji could inspire trust and effectively address the significant security challenges facing the nation.
The EBDA chairman Mzee Ahmed Yare said the DPP had considerable experience in law enforcement and the justice system that rendered him an exceptionally qualified candidate for this crucial role.
“Throughout his career, Haji has made remarkable contributions, including his exemplary work at the Attorney General’s Office and his previous position as the Deputy Director of the Counter Organised Crime Unit at the NIS,” they said.
They said he had spearheaded significant reforms within the ODPP including the successful deployment of an electronic filing system, significantly enhancing service delivery, and the establishment of the Prosecution Training Institute (PTI) which plays a pivotal role in developing the skills and capabilities of prosecutors in the region.
Under his leadership, there was also the review of policies and guidelines in the prosecution sector that disrupted the outdated and corrupt system of the past.
They said Haji worked closely with the social justice centres, human rights groups and community-based organisations to advocate human rights, combat extrajudicial killings, champion the rights of women and
Consumer Rights Defender Stephen Mutoro has also supported the nomination of Haji. Mutoro said while he agreed with those faulting Haji for performing below par and generally offering little or no public inspiration, he was an excellent pick for the DG.
“In my view, he wasn’t qualified as DPP boss. He is however an excellent pick for DG, NIS where he was previously domiciled. How come those complaining never complained about his performance as DPP? Mutoro asked.
“I urge the National Assembly to pass his vetting,” he added.
Yare added that Haji’s understanding of the importance of a stable political environment led him to play a critical role in initiating bipartisan talks between the main players in last year’s presidential election, saving the country billions of shillings that would have been lost if protests had continued.
They said the removal could only be sanctioned if it meets the threshold of Article 158 of the Constitution which included mental incapacity, non-compliance with Chapter Six, bankruptcy, incompetence, and misconduct.
CS Jumwa has also defended Haji’s nomination saying she is the one who wrote to the DPP through her lawyers asking the DPP to review the evidence against her, which she said were politically motivated.
She has also asked the court to be enjoined in the case where an activist has challenged Haji’s nomination.
“It is the applicant herein who wrote to the office of the Director of the Public Prosecution beseeching that it exercises its power and drop charges against her in Mombasa High Court Criminal Case No. E11of 2020 and Anticorruption case no. 6 of 2020 which were from the onset politically motivated,” the application by her lawyer Danstan Omari reads
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