An activist has moved to court seeking to stay the implementation of DPP Noordin Haji’s decision not to charge politicians over graft during the campaign period for the August 2022 general elections.
Charles Rubia also wants the court to declare the continuance/implementation of the DPP’s decision is unconstitutional and as such invalid.
Through lawyer Danstan Omari, the activist also wants the court to make an order suspended and step down from office. This is until probing of the legality of his utterances are completed.
Omari terms the move by Haji as unconstitutional and an abuse of power.
In addition, Rubia wants the court to restrain the DPP from interfering with the cause of his petition so as to unearth the truth of various allegations levelled against him unless with leave from the court.
The DPP’s utterances were published in the Star newspaper of 11th April 2022.
Haji defends his decision in the three page article.
Rubia argues that Haji is preventing justice.
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“Such actions and/inaction by the 1st respondent (DPP) acting in the capacity of the 2nd respondent (Director of Public Prosecution) is an outright abuse of power discriminatory, unconstitutional, disregard the public interest, administration of justice and the need to prevent and avoid abuse of the legal process,” Rubia said.
According to the petitioner, the directive is a blow to all efforts made by other players and stakeholders within the criminal justice system as Haji is rubbishing other legislative mandates by himself for his own interest.
“The 1st respondent has articulated that there is no harm in waiting for some months by delaying and/causing delay to corruption charges faced by politicians,” the petitioner added.
Haji is said to have politicised corruption cases by giving graft suspects superior status over that of ordinary Kenyans facing other criminal charges including graft.
