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Kenya: Businessman Files Petition for Removal of DPP Haji Over Gross Misconduct

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4 years ago

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Nairobi — Yet another petition seeking the removal of Director of Public Prosecutions Noordin Haji has been filed.

The second petition was filed on Monday by businessman Francis Njeru, who wants the DPP cited for gross misconduct for allegedly mismanaging his case.

It was filed a week after another petition by Tob Cohen’s sister Gabriel Van Straten who accuses the DPP of mismanaging her late brother’s case.

As for Njeru, he claims DPP has mismanaged his case in a property dispute China Road Bridge Corporation (CRBC), and ARJ Capital. The property is in Nairobi’s Kyang’ombe village.

According to Njeru’s petition to PSC, directors of ARJ Capital Ahmed Rashid Jibril and Farah Ali Mohamed were charged in January 2020 for conspiracy to defraud, making a false document and obtaining it by false pretense but an application was made later to have the case withdrawn.

“That the petitioner objected to the withdrawal of the said charges and the Honorable court sustained the said objections on an order dated 4th March 2020 on the grounds that the matter should be concluded with finality as the investigations were immensely elaborate and declined the application of the prosecution to withdraw the charges preferred against the two directors of ARJ capital,” the petitioner stated.

The prosecutor stated that despite the court ruling, the DPP refused to execute the orders and instead sought a revision of the ruling before Justice Ogembo.

In November 2020, Justice Ogembo declined the request by Haji to withdraw the charges arguing that the intention to withdraw was not done in furtherance of public interest.

“…. Justice Ogembo refused the application by finding that the Director of Public Prosecution intention of withdrawing from the criminal case before the subordinate court was not done in furtherance of public interest, interest of administration of justice and the need to avoid the abuse of legal process as articulated by the law,” Njeru said.

With the ruling by Justice Ogembo, the DPP through prosecution counsel Riungu went to the trial court seeking the withdrawal of the charge’s failure to which the DPP would exempt himself from the case.

“That he further urged the court to avoid temptation of interfering with the independence of the Director of Public Prosecution and suggested that the complainant can as well approach the court through Private prosecution if he was determined to have the matter prosecuted,” the petition stated.