The Director of Public Prosecutions Noordin Haji has given an update of 13 high profile cases amidst public interest and fear of possible stalling.
The DPP’s update covered cases being handled by his office and the Directorate of Criminal Investigations (DCI). The update clarified that there were cases pending before court and those which were awaiting to be cleared between his office and DCI for prosecution or dismissal, and which has drawn a lot of public interest.
The cases have also drawn the interest of the National Security and Administration committee, which has summoned Haji and DCI George Kinoti to shed light on the cases.
Among the cases is the murder of businessman Tob Cohen, then scheduled for hearing between 6-15 July, 2020, after plea taking in 2019. He said the case was taken out of the cause list due to the Covid-19 pandemic. The DPP said that a review of the case file revealed no direct evidence linking a Judge to the murder. Lawyers in the case have petitioned the Judiciary Service Commission for the Judge’s removal.
The DPP also clarified the case where former National Treasury Cabinet Secretary Henry Rotich was charged over irregular award of Kshs.20.5 billion contracts for construction of dams. He clarified that this case is pending, awaiting hearing of an application for consolidation of the two cases, and hearing was going on.
The other case involved charges against foreign firms’ suspects, who made an application to have the charges quashed. DPP clarified that there were pending warrants of arrest against the suspects.
Other cases are inquiry into allegations of Ekeza Sacco Society top officials’ misappropriation of funds, which he said there would be a joint meeting with DCI to discuss issues including restitution and/or compensation of the monies lost by the victims.
Another case is the Kenya Informal Settlement Improvement Project, into which the DCI inquired into allegations of alteration of tender documents by the evaluation and tender committee. The DPP concurred with DCI’s recommendations of no criminal culpability, the matter be referred to Public Procurement Regulatory Authority for administrative action.
The other case the DPP updated on is the Homa Bay County’s DCI inquiry into allegations of massive fraud by county employees, which he said needs further investigations by DCI on some areas.
On the case involving Malindi Member of Parliament Aisha Jumwa on misappropriation of Constituency Development Funds among other charges, the DPP said that the case is scheduled for a mention in December.
The DPP said that the Kenya Pipeline case for the replacement Mombasa-Nairobi pipeline is still pending following an inquiry over the award of a Kshs.54 billion contracts.
About the Omeriye Education and Medical Foundation case in which Trustees were suspected of money laundering, the matter was recommended it be closed.
On the case facing former Kenya Power Managing Director Ben Chumo over allegations of supply of substandard transformers worth Kshs. 450Million, he said the case is scheduled for November.
The DPP also said that Ethics and Anti-Corruption Commission is investigating allegations of fraud and money laundering by Kajiado County Government of staff.
The clarifications go a long way to clarify to the public how the anti-graft and other anti-crime bodies play their different role in the process of ensuring prosecution and convictions of those found guilty of various offences.