BY SAM ALFAN.
A businessman has filed a petition seeking the removal of Director of Public Prosecutions (DPP) Noordin Haji accusing him of nepotism, favouritism, improper motives and corrupt practices, among other accusations.
Through lawyers Danstan Omari, Cliff Ombetta and Shadrack Wambui, Francis Njeru accuses Haji of interfering with a land case in which a brother of Sports cabinet secretary Amina Mohammed had been charged with fraud.
This is the second petition filed in a bid to remove Haji from office. Another petition was filed by the family of murdered Dutch tycoon Tob Cohen.
Njeru claims the DPP mismanaged the property dispute between him, China Road Bridge Corporation, and ARJ Capital.
The property in question is along Mombasa road at Kyangombe village in Embakasi and Njeru has claimed ownership.
Njeru tells the Public Service Commission (PSC) that after investigations, the directors of ARJ Capital Ahmed Rashid Jibril and Farah Ali Mohamed who are allegedly related to Haji were charged in January 2020.
They faced among other charges, conspiracy to defraud, making a false document, and obtaining registration of land by false pretences.
But on March 2, 2020, Njeru claims the DPP made an application to withdraw the matter but his lawyer objected to the application. Milimani magistrate Rosalyne Aganyo upheld the objection ruling that the ends of justice will be met by disallowing the application to withdraw the charges.
“I hereby do not allow the application and do order that the matter shall proceed for hearing in the normal manner before this court to its conclusion.” Ruled Aganyo.
Jibril and his wife Farrah are accused that on or about October 19,2015 at unknown place in Kenya, jointly with others not before court conspired to defraud Francis Nyaga Njeru of his parcel of land valued at Sh75 million.
It is alleged they entered into a tenancy lease agreement with China Road and Bridges purporting that they were the registered owner of the land.
“The offences as charged are serious and involve land which is very emotive in Kenya today. It also pertains to proprietary rights protected by the constitution and the serious crimes such as those in this case should proceed to final trial before a competent court of law,” the court ruled.
Njeru says the DPP has also sought a revision of the orders of the court that allowed him to pursue private prosecution which application is still pending.
He has accused Haji of interrupting the matter for his own personal interest which is meant to ensure that the two directors are not prosecuted.
He adds has since established that the basis behind the DPP’s ‘stubborn refusal to prosecute the suspects and his concerted efforts to have Criminal Case No 2144 of 2019 R v. Ahmed Rashid Jibril and Farrah Ali Mohamed withdrawn’.
The businessman claims the move is informed by close family relations with the accused persons who are his first cousins and another a brother to one of Kenya’s influential Cabinet Secretaries.
Njeru says that the actions of the DPP demonstrate a self-serving, nepotistic or egomaniac public officer that long abandoned his oath of office to protect his alleged family members, relatives, friends and relatives.
“The ODPP has sought a revision against his bid to privately prosecute the offenders of the Petitioner and instead commenced criminal prosecution of the Petitioner in an attempt to muzzle him and/or frustrate his quest for justice,” Njeru says.
He argues that all these inconsistencies by the DPP are a clear indication of gross misconduct, his incompetency and utter willful failure to discharge his mandate as spelt out by the Constitution of Kenya, 2010 and further, raises the question of whether the Director of Public Prosecutions had a personal interest in the Petitioner’s matter.
