An activist has written to President Uhuru Kenyatta seeking the resignation of Director of Public Prosecution Noordin Haji over gross misconduct.
Charles Waithaka Rubia wants the DPP compelled to resign or step down saying he has failed to provide leadership to the institution he has been tasked to lead.
Through lawyer Danstan Omari, the activist claims that Haji has also failed to give directions to the capable prosecutors and with a quick walk along the corridors of justice, you will no longer see the vibrant and smiling prosecutors who were regarded highly.
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“It is imperative and necessary that the President of the Republic of Kenya does intercede like greased lightning for the sake of all Kenyans who are now looking up to his Excellency to uphold their fundamental rights and freedoms, the rule of law, justice and public interest in the fullness of time,” he says in the letter.
DPP Haji accused of gross misconduct
He argues that the Director of Public Prosecutions, being the leader of all prosecutors, has never been seen stepping foot in a court of law to prosecute.
“Unlike his predecessors, he is yet to appear before any court within the republic of Kenya, to lead his prosecutors. Rather, Mr Noordin Haji has been busy and preoccupied with embarking on launching various guidelines solely without proper stakeholders' consultation causing unnecessary disharmony within the Criminal Justice Stakeholders,” he claims in the letter.
He further notes that the Firm of Musyoki Mogaka & Company Advocates received instructions from various Petitioners and Activists to present and file on their behalf at the Public Service Commission; petitions for the removal of Noordin Haji.
The petitions have been filed on grounds of bias, partiality, favouritism, disregard for the rule of law, breach of the rule of law, obstruction in the administration of justice, delay in the dispensation of justice, discrimination, inequality, nepotism, improper motives and corrupt practices among others.
However, Haji obtained orders suspending the consideration by the Public Service Commission (PSC) of the petitions lodged against him.
He says the PSC thereafter did accuse Noordin Haji of using the court to interfere with its mandate and stated that the court had no jurisdiction to interfere with its independent roles by controlling the discharge of its mandate.
