DPP Haji defends decision to drop high-profile criminal cases

The Director of Public Prosecutions (DPP) Noordin Haji now says he has no regrets over having withdrawn several high-profile criminal cases in recent months.

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

DPP Haji maintains that his initial decisions to charge were based on assurances from the Directorate of Criminal Investigations (DCI).

"We have explained the threshold decision where you agree principally and you trust your partner in the criminal justice system will keep their end of the bargain," Haji told Citizen TV's Sam Gituku.

Even though the office of public prosecution is by law guaranteed independent consideration of files and decisions to charge, DPP Haji says his office was misled by DCI officers, who are now the subject of investigations and possible prosecution.

"We have discovered several documents were not properly examined. They committed perjury and we will prosecute them for perjury. If some individuals are telling me I should not  use the constitution to preserve and avoid miscarriage of justice… I have made that decision objectively, I have not hidden it and magistrates have allowed me to withdraw," said Haji.

Haji says that his office is now currently reviewing most of their criminal cases across the country.

"Now we have to review each and every case because we don’t know if the person in court is guilty or not. Nobody is bothered those who were involved in the investigation. I have no apologies to make," said the DPP.

In March 2022, the Ethics and Anti-Corruption Commission had recommended prosecution of at least three governors, Anne Waiguru of Kirinyaga, Dhadho Ghodana of Tana River and Fahim Twaha then of Lamu. DPP Haji says he is yet to make a decision to charge, citing gaps.

"It is not the EACC CEO who makes decision to charge. It is me..this office. If we feel evidence is not sufficient we ask them to cover those areas. EACC is very professional with their work and that’s why we are not reviewing any of their cases because we are comfortable with their cases. Once the file is returned and we are satisfied we will make decision to charge," said Haji.

In August 2020, former President Uhuru Kenyatta directed EACC to probe the KEMSA scandal. Correspondences between the DPP and the EACC as of October 2020 were that EACC was to fill some gaps and return the file. There has been no update from the two agencies for two years.

According to the DPP,  investigations into the KEMSA scandal are still underway and once concluded, several persons some of them in the Azimio coalition could be charged.

Haji has also confirmed an assertion by President William Ruto on the 4th of January this year, that the DPP had been threatened to resign if he didn’t act in the preferred manner of the previous administration.

"Let bygones be bygones, the president said it, that is the truth ….as a country we must be ready to  move forward.  We were coerced but we resisted. And you all know what I went through. I was taken to court 20 times. Attempting to remove me because of standing firm on decision on who to charge and who not to," he said.

Haji who took over as DPP in March 2018 should retire in March 2026 when his eight-year term is expected to expire.