The law society of Kenya is questioning the DPP Nordin Haji after his decision to withdraw the graft cases which is a serious threat to the rule of law and accusing the head of public prosecution Nordin Haji of employing double standards of his mandate.
The DPP withdrew graft cases against Aisha Jumwa who is a cabinet nominee and former samburu governor Moses Olekunal who is one of the principal applicants and waiting for the vetting by the parliament and public service respectively.
The lawyers are now calling on the law makers to reject cabinet secretaries with criminal charges irrespective with the DPP, they are also questioning the relationship between the DPP and DCI boss George Kinoti as possible causes of Nordin Haji’s actions in disqualifying the cases .
LSK has given the director of public prosecution a three day ultimatum to review his action on the withdrawal of the graft cases and criminal cases that had been filed against high profile individuals .
As a result of the judgment, the DPP rolled out a new charge sheet bearing the name of its office and logo. The new charge sheet also had a stamp and signature of the prosecutor, and the police stamp and signature were removed.
“Normality has been restored in the criminal justice system. It had been disrupted. From now henceforth only police can draft the charge sheet and only a charge sheet signed by police can be admitted in court,” said lawyer Danstan Omari.
This escalated the feud between DPP Noordin Haji and the director of criminal investigation (DCI) George Kinoti over the exercise of prosecutorial powers.
The two also started accusing one another of criminal actions. Mr Kinoti, together with the inspector-general of police Hillary Mutyambai and attorney general Paul Kihara Kariuki filed an appeal seeking to overturn justice Mrima’s judgment.
“All the people who had been charged with the new charge sheet will have to be charged afresh,” said Mr Omari.
They also sought a stay of the judgment pending determination of the appeal. And yesterday they got a relief after the judges of the court of appeal granted their request.
Although it temporary halted execution of the judgment, the appellate court did not pronounce itself on the status of the criminal cases whose charge sheets bear the DPP logo instead of the previous symbol — the coat of arms.
By Faith Njerwe