Director of Public Prosecutions Noordin Haji wants the High Court to determine whether a Cabinet Secretary should be held accountable individually for the exercise of his powers in the performance of his functions.

In an application before the High Court, Mr Haji also wants the court to determine whether CSs are immune to criminal prosecution for acts and omissions in the course of their duty.

The DPP made the application in a petition filed by former Treasury CS Henry Rotich, who has challenged his prosecution over the Kshs 63 billion Arror and Kimwarer dams’ scandal.

The former CS has argued that he was not responsible for procurement of the tenders as he was not the accounting officer at Treasury but only discharged his duty, at the tail end of the process, as required by law.

Additionally, Mr Rotich questioned why the DPP left out key players in the deal including former Attorney General Githu Muigai, solicitor general Njee Muturi and Environment CS Judi Wakhungu.

The DPP also wants the court to determine whether a decision to prosecute a CS can be faulted on account of pronouncement by political leaders that have no connection to the case or the evidence available.

Mr Haji says various courts have given different interpretations as to the extent in which they can review the decision to charge graft suspects. According to Mr. Haji the decision to review graft charges for lack of evidence has has opened a floodgate of litigations, such as the case filed by Mr Rotich.

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