The Director of Public Prosecutions (DPP) Noordin Haji can now breathe a sigh of relief after the High Court barred the Public Service Commission from considering two petitions seeking his removal.
Justice James Makau barred PSC from considering the two petitions filed by the late Tob Cohen sister and a businessman, Francis Njeru.
Makau also barred by the court from commenting or discussing the matters before the Commission in the media.
“A conservatory order is hereby issued suspending PSC consideration of two petitions lodged for the removal of the DPP before the commission,” he ordered.
Cohen’s sister, Gabrielle Van Straten and Njeru want DPP removed from office over gross misconduct and abuse of office.
Njeru claims the DPP has mismanaged his case where there is a property dispute between him, China Road Bridge Corporation, and ARJ Capital.
He argued that 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defraud, making a false document and obtaining it by false pretense but an application was made later to have the case withdrawn.
On her side, Straten accuses the DPP of being unfit to hold public office given the manner he has “mishandled” her late brother’s murder case.
The Cohen family questions why the DPP declined to prosecute Court of Appeal Judge Sankale Ole Kantai despite evidence by the Directorate of Criminal Investigations (DCI) linking him to the deceased’s murder.
In his defense, Haji argues that the two petitions only intent is to coerce and force him to charge Judge Kantai when there is no sufficient evidence against him.
In his petition, Haji argued that the two petitions are unreasonable and obsessive insistence of the petitioners to have Justice Kantai charged with the murder of Cohen despite the absence of any credible evidence of his involvement.
Haji said he would not give in to the demands of those “thinking I don’t know the law.”
“I don’t want to be the cheater, we all know the grass is green. I may fall but I can assure you the next DPP who will come from amongst you (delegates). I assure you that the next DPP if I do fall at all, will come with much gusto to pick from where I left,” he said.