The Director of Public Prosecution Noordin Haji can breathe a sigh of relief after the High Court stopped plans to remove him from office.
The court has barred Haji’s ouster plans pending the hearing and determination of a case he filed in court to challenge two petitions that are seeking to have him removed from office
The family of slain businessman Tob Cohen and a Nairobi based businessman Francis Njeru filed petitions with the Public Service Commission.
Haji said the petitioners want to pressurize him to open charges against Judge Sankale ole Kantai without any evidence linking him to the murder of Cohen.
Concerning the second petition, Haji said that incident happened before he took over the Office of the Director of Public Prosecution and the accusations are baseless.
The DPP further said that the petitions sabotage the rights, law and freedom of his office.
The court has also forbidden the Judicial Service Commission (JSC) from discussing the issue.
Cohen’s family filed the petition against Haji citing inability to execute his mandate objectively.
Haji was accused of mishandling Cohen’s murder case and the family argued that he should be sacked due to his handling of the Direct Line Assurance Limited and the Kenya Medical Supplies Agency (KEMSA) cases.
The family further said that Haji lacked requisite experience and that he had not set foot in any of the known courts 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,” part of the court documents read.
Cohen’s sister Gabriel Hannan Van, accused Haji of lacking objectivity, wit and impartiality in his decision making. She added that Haji’s directives are influenced by nepotism, favoritism, other improper motives or graft practices contrary to Article 73(2) of the Constitution.
Hannan also said that Haji had misused his power and office by blocking the Director of Criminal Investigations (DCI) from arresting Judge Sankale Ole Kantai.
On the other hand, Njeru wants the DPP removed from office for failing to prosecute two directors of a company for forgery of land documents.
According to Njeru, Haji did not prosecute the directors since they were his relatives.
He further stated that the DPP Haji was unfit to hold office for acting against the public interest, adding that the Haji charged him with fraud with the aim of having the case dismissed.
Speaking on Thursday during the launch of the second strategic plan (2021-2026) for the National Council on the Administration of Justice (NCAJ), Haji said that he will not be swayed from his focus on helping Kenyans get justice in accordance with the constitution.
He told off his critics for tainting his image while adding that he will not compromise constitutional provisions to grant their wishes.
RELATED STORY: How Court Of Appeal Judge Got Involved In The Murder Of Dutch Business Man Tob Cohen
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