BY SAM ALFAN.
Director of Public Prosecutions Noordin Haji got a reprieve after the High Court temporarily stopped the Public Service Commission (PSC) from considering two petitions seeking his removal from office.
Justice James Makau issued a conservatory order barring PSC from considering two petitions lodged by Gabriel Straten, a sister to murdered tycoon Tob Cohen and Ibrahim Ndung’u Ndirangu.
The two petitions lodged at the commission for alleged misconduct over the failure to prosecute Court of Appeal judge Sankale Ole Kantai, who has been mentioned adversely in the murder of Dutch tycoon.
“A conservatory order be and is hereby issued suspending the 3rd Respondent’s consideration of the two petitions lodged against the Petitioners and communicated on 19th October 2021 in respect of the 1st Respondent’s petition before the PSC and on the 19th October 2021 in respect of the 2nd Respondent’s petition before the PSC and or taking any futher or other steps or action in the proceedings, pending the hearing and determination of both this Application and the Petition”, ordered Judge Makau.
The court further restrained Cohen’s sister Gabriel, Ndung’u, their lawyers or any other party from commenting or discussing in any manner on the matters pending before PSC or in the High Court, pending the hearing and determination of Haji’s petition.
In his petition, Haji claims that the complaints before PSC are null and void as they are contrary to Article 10, 157 and 158 of the constitution of Kenya as they interfere with the exercise of prosecutorial powers and the judicial independence and determination of cases that are before court.
Through special prosecutor Taib Ali, Haji argues that Cohen’s sister (Gabriel) and Ndung’u have openly, by their conduct and utterances demonstrated to the public their displeasure at the decisions made by the DPP.
He said they have shown in the petitions before the PSC, that he will not be treated with fairness, objectivity and impartiality.
“It is evident from the facts and alleged pleaded violation that the DPP will not have a fair consideration, evaluation, hearing or trial of the petitions against him before PSC and that justice will not be done or seen to be done if PSC proceeds to consider the petitions before it against the DPP,” Taib said.
Gabriel petitioned the PSC seeking removal of Haji for mishandling Cohen’s case. She accused the DPP of failing to recommend the prosecution of Justice Sankale with the murder of Cohen even after DCI stated that there was overwhelming evidence to link the top judge with the murder.
Through lawyers Danstan Omari and Cliff Ombeta, Gabriel wants Haji removed by PSC from office for alleged gross misconduct claiming that he has been interfering with investigations conducted by the DCI.
Justice Makau directed the case to be mentioned on November 11, for further directions.
