Senator Kajwang: “DPP Haji Has Violated The Constitution And Should Resign.”

Moses Kajwang, a senator from Homa Bay, has charged Noordin Haji, director of public prosecutions, with breaking the constitution in light of recent comments made by Haji about his collaboration with George Kinoti, former director of criminal investigations.

In a Sunday interview, Haji claimed that skepticism regarding the way the investigative agency presented its evidence made cooperation with Kinoti difficult, particularly in the fight against corruption.

In the Ksh. 7.4 billion graft case against Deputy President Rigathi Gachagua, the DPP said that his office was mislead into thinking there was solid evidence. He added that he was “pushed by the DCI himself, through the media.”

“Over time, we realized that the DCI was not serious about providing cases with actual evidence. We had a push-and-pull between the two offices as a result. Cases that didn’t meet our bar couldn’t be moved forward. They didn’t have enough proof to show in court, “Haji said KTN News.

The DPP therefore admitted to “abusing the same legal procedure that he pledged not to” when taking the oath of office, according to Senator Kajwang. He accused Haji of breaching the rights of Kenyans who, in his opinion, had no business being charged with a crime.

In exercising the authority granted to him, the DPP shall take into account the public interest, the interest of the administration of justice, and the need to prevent and avoid abuse of the legal system, according to Article 157 of the Constitution, which is where the DPP derives his authority “Tuesday’s Day Break program on Citizen TV featured an interview with Kajwang.

“Kinoti has already been fired and is no longer the DCI, thus this has nothing to do with him. What on earth is DPP Haji doing in office when, according to his own admission, he has transgressed the law and the rights of people with whom he had no business? “I am coming before the legal authorities,” he continued.

He argued that Haji should resign because he should not have gone to court if he had not been sufficiently confident that the evidence was sufficient to secure a conviction.

“Under what conditions is the DPP today claiming that there was some coercion, malfeasance, and malice in the handling of items that were brought to him? I believe that the DPP should resign; that would be honorable,” Kajwang remarked.

He brushed off Haji’s comments as an attempt to betray Kinoti in the face of the new government.

The senator stated that the DPP should refrain from criticizing the DCI until he explains to the nation why he chose not to prosecute the Ruaraka affair. “The DPP is trying to be in the good books of the new administration, look like the good boy, and throw Kinoti under the bus,” the senator said.

The entire leadership of the public prosecutions office needs to be reorganized, Kajwang continued, since “the office of the DPP is shattered and the public’s trust in it has been severely damaged by these discoveries.” In addition to the DCI, the DPP’s leadership needs to be cleaned up as well.

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