Activist writes to President Uhuru Kenyatta to compel DPP Haji to resign

Lawyers Martina Swiga and Danstan Omari addressing journalists outside Milimani Law Courts. Photo/Suek.

An activist has written a letter to President Uhuru Kenyatta seeking the removal of Director of Public Prosecution Noordin Haji from office.

In his letter, Charles Rubia raises many issues against the DPP, among them incompetency.

Through lawyers Martina Swiga, Shadrack Wambui and Danstan Omari, Rubia wants President Uhuru Kenyatta to compel DPP Noordin Haji to resign and/or stepping down from office.

According to Rubia, Haji is incompetent since he has never been in a court to prosecute matters.

“Disappointingly, the Director of Public Prosecution, being the leader of all prosecutors, has never been seen setting foot in a court of law to prosecute,” the petitioner claims.

This, therefore, puts to question his competency to run the office.

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DPP Haji is further accused of partiality, favoritism, disregard to the rule of law, breach of the rule of law, delay in dispensation of justice, discrimination, inequality, nepotism among others.

In addition, Haji is accused of failing to provide leadership to his office.

“Noordin Haji as the Director of public prosecution has to date failed to provide leadership to the institution he has been tasked to lead,” Rubia says.

The DPP is also accused of interference with  independence of the judiciary, improper practices and corruption. Furthermore, he is said to interference with the mandate of the DCI, non-compliance of chapter six of the constitution, gross misconduct and infidelity to the rule of law.

According to Omari, there are over five petitions filed against the DPP.

However, they can not proceed since the DPP moved to the High Court and obtained orders barring them and any other petition that might be filed against him in future.

It is also alleged that Haji has frustrated his junior prosecutors and sidelined senior prosecutors to handle serious matters.

The prosecutors can not speak due to fear of repercussions, transfers or interdictions.