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Businessman petitions PSC to ouster Haji for bungling cases

A Nairobi businessman has filed a petition seeking the removal of Director of Public Prosecutions (DPP) Noordin Haji from office over alleged interference in land-related case.

Francis Njeru claims the DPP has mismanaged his case where there is a property dispute between him, China Road Bridge Corporation, and ARJ Capital.

In a petition to Public Service Commission, Njeru says 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defraud, making a false document and obtaining it by false pretense but an application was made later to have the case withdrawn.

“However, on March 2, 2020, the DPP made an application to withdraw the matter from the court but his lawyer objected to the application and the magistrate also declined. The court ruled that the matter should be heard and determined with finality since the investigations were immensely elaborate,” read the petition.

According to him, the DPP then moved to the High Court in a bid to drop the charges before Justice Daniel Ogembo but the judge refused to withdraw the case.

Njeru alleges that after they went back to the trial court, the prosecutor urged the court to avoid the temptation of interfering with the independence of the DPP and even suggested that Njeru can as well use private prosecution if he was determined to have the matter prosecuted.

The court allowed the application for withdrawal and gave the petitioner an option to pursue private prosecution and granted him leave to do so.

According to Njeru, the actions of the DPP demonstrate a self-serving, nepotistic or egomaniac public officer that long abandoned his oath of office to protect his alleged family members, relatives, friends and relatives.
“Haji is interrupting the matter for his own personal interest which is meant to ensure that the two directors are not prosecuted,” Njeru claims.
This is the second petition seeking Haji’s removal. The first one was filed by the late Tob Cohen’s sister Gabriel Van Straten accusing the DPP of mismanaging her late brother’s case.

 

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