DPP Haji defends high-profile case withdrawals, says allowed under the law

The Director of Public Prosecutions (DPP) Noordin Haji has defended his withdrawal of high-profile cases in the past several months, which has caused backlash from some Kenyans.

Since the start of President William Ruto’s regime in September last year, several criminal cases against powerful individuals in government have collapsed while other former officials in the corporate sector have been set free on account of the withdrawal of charges.

During the launch of the Malalamishi System at the Nairobi Remand, Industrial Area, on Monday, Haji, whom President William Ruto has since nominated as the next Director-General of the National Intelligence Service (NIS), said dropping of cases is provided for in the law.

“I know I have become synonymous with withdrawal but withdrawals are provided for under the constitution and it is a right where there is a miscarriage of justice,” the DPP said.

“We must, no matter who that person is in the society, even when that person comes from the high and mighty, that withdrawal must be done if it is justified.”

Among the politicians whose cases Haji dropped are Deputy President Rigathi Gachagua, Cabinet Secretaries Aisha Jumwa and Mithika Linturi, which a section of Kenya Kwanza politicians has termed as the arrival of freedom to Kenyans. 

Haji cited a lack of sufficient evidence.

On Sunday, the National Integrity Alliance (NIA), a citizen-centred integrity and anti-corruption coalition, opposed Haji’s appointment to the helm of the NIS.

The group said Haji's nomination has contravened Chapter 6 of the constitution which provides guidelines on leadership and integrity.

It argued that Haji is unfit to hold the office since his conduct as DPP has been questionable, particularly after dismissing eight graft-related cases linked to influential government officials.

"Regrettably Mr Haji's past actions while serving as the DPP have demonstrated a clear disregard for these fundamental principles. In the past 8 months, Kenyans have been astonished by a pattern of the withdrawal of corruption cases involving certain politically connected individuals which raises doubt to the DPP's impartiality and commitment to fight corruption," the Alliance told a media conference.

"If these 8 cases had been successfully adjudicated Kenyans would have recovered about Ksh.11.3 billion let alone the time and human resources that have been spent in the investigation, prosecution and adjudication process which could aid in dispensing other cases," NIA added.

Haji has previously claimed that his office was misled by the former Director of Criminal Investigations (DCI) George Kinoti to believe there was concrete evidence in some of the cases, saying of DP Gachagua’s Ksh.7.5 billion fraud case, for instance, that he was “pushed by the DCI himself, through the media.”

The DPP now awaits vetting by Parliament's Defence and Foreign Relations Committee after which President Ruto will officially appoint him as Kenya’s top spy.