Kenya Insights

Tag: DPP Noordin Haji

  • Lawyer Miguna Miguna Seeks DPP Job, Promises Fair Prosecution

    Lawyer Miguna Miguna Seeks DPP Job, Promises Fair Prosecution

    Lawyer Miguna Miguna announced his application for the vacant Directorate of Public Prosecutions (DPP) position on July 10.

    The outspoken lawyer aims to replace Noordin Haji, who recently became the National Intelligence Service (NIS) Director General. Miguna did not disclose the exact date of his application submission.

    Lawyer Miguna Miguna
    Former DPP Noordin Haji [p/courtesy]
    In his Twitter post, Miguna clarified, “For the avoidance of any doubt, yes, I have applied for the Director of Public Prosecutions (DPP) position.” Despite his reputation for abrasive politics, he pledged to carry out his responsibilities fairly and pursue those accused of breaking the law.As per the 2010 Kenyan Constitution, the DPP directs the Inspector-General of the National Police Service (NPS) to investigate criminal allegations. The DPP’s office is responsible for initiating and conducting criminal prosecutions and related matters.

    President William Ruto has assembled a panel of seven individuals to interview and select Haji’s successor. Among the panelists are Central Organization of Trade Unions (COTU) Secretary General Francis Atwoli and Ethics and Anti-Corruption Commission (EACC) boss Twalib Abdallah Mbarak.

    The other members include Solicitor General Shadrack Mose, Richard Onsongo, Mary Adhiambo Maungu, Roseline Odede, and Mary Kimonye. The application deadline is Wednesday, July 12, as published in local dailies.

    Why Lawyer Miguna Miguna applied for the DPP Job

    Benefits for the DPP include a monthly salary of Ksh765,188, with proposed increments to Ksh874,500 by the Salaries and Remuneration Commission (SRC).

    The position also grants an official car not exceeding 3000cc in engine capacity, a Ksh8 million car loan, and a Ksh35 million mortgage. Additionally, the DPP receives medical health insurance coverage of Ksh10 million for inpatients and Ksh300,000 for outpatients.

    Controversial criminal lawyer Cliff Ombeta is actively pursuing the DPP position and garnering support from his Kisii community and the UDA Party. Ombeta, who previously ran for the Bonchari Parliamentary seat in the last general elections, is vying for the role alongside Miguna Miguna.

    Miguna is renowned for his no-nonsense approach and vocal stance against corruption. Kenyans are eagerly anticipating the Kenya Kwanza administration’s decision, hoping that they will appoint Miguna as the next DPP if they are genuinely committed to curbing graft.

  • Noordin Haji: MPs Disclose Net Worth at KSh. 466 Million as He Nears Appointment as Next NIS Director

    Noordin Haji: MPs Disclose Net Worth at KSh. 466 Million as He Nears Appointment as Next NIS Director

    Members of Parliament have revealed that Noordin Haji, the outgoing Director of Public Prosecutions, possesses an astonishing net worth of KSh. 466 million.

    The revelation comes as Haji is on the verge of assuming his new role as the Director of the National Intelligence Service (NIS) in Kenya.

    This disclosure has sparked widespread discussions and debates regarding the wealth accumulation of public officials and their suitability for high-ranking government positions.

    Noordin Haji

    Noordin Haji: A Wealthy Public Servant

    Noordin Haji, known for his reluctant pursuit of corruption and high-profile prosecutions during his tenure as the Director of Public Prosecutions, has found himself in the spotlight once again.

    This time, it is not for his legal acumen but for the significant wealth he has accumulated throughout his career.

    According to the disclosure made by MPs, Haji’s net worth stands at an impressive KSh. 466 million.

    While it is not uncommon for public officials to amass wealth over time, this revelation has ignited public curiosity and scrutiny about the sources of Haji’s wealth and its implications for his new role as the NIS Director.

    The Concerns and Questions

    The disclosure of the outgoing DPP Haji’s substantial net worth has raised several questions and concerns among Kenyans.

    Some argue that his wealth might be a result of legitimate business endeavors and investments.

    Others, however, question whether such wealth can be accumulated solely from a public servant’s salary and raises concerns about potential conflicts of interest.

    Given the sensitivity and confidentiality associated with the position of NIS Director, there are concerns about the potential influence that substantial personal wealth can have on decision-making and national security matters.

    Citizens and opposition politicians are calling for a thorough investigation into the sources of Haji’s wealth to ensure that it has not been acquired through any illegal or unethical means.

    Noordin Haji: Transparency and Accountability

    This revelation once again highlights the importance of transparency and accountability within the public sector.

    It is crucial for public officials, especially those in influential positions, to be able to demonstrate that their wealth is acquired through legal means.

    Transparency in wealth disclosure is necessary to build public trust and confidence in the integrity of those who hold public office.

    The disclosure of Haji’s net worth should serve as a catalyst for a broader conversation about the necessity of stricter regulations and oversight mechanisms in wealth accumulation by public officials.

    Stricter wealth declaration requirements, periodic audits, and stronger anti-corruption measures could help ensure that public officials’ wealth is obtained legitimately and that their interests do not conflict with their responsibilities.

    Conclusion

    As Noordin Haji prepares to assume his new role as Kenya’s next NIS Director, the revelation of his net worth at KSh. 466 million has ignited a debate on the accumulation of wealth by public officials.

    While Haji’s wealth could be a result of legitimate means, it is essential to address the concerns raised by this disclosure and ensure that the sources of public officials’ wealth are transparent and accountable.

    The government should take this opportunity to review existing regulations, strengthen oversight mechanisms, and promote greater transparency in wealth accumulation among public servants.

    Upholding integrity and demonstrating ethical conduct are essential qualities for those entrusted with leading national security agencies and serving the public interest.

  • I Won’t Be In Office Forever, DPP Haji Tells Off His Critics

    I Won’t Be In Office Forever, DPP Haji Tells Off His Critics

    The Director of Public Prosecutions (DPP) Noordin Haji maintains that persons seeking his ouster from office have nothing on him.

    The DPP, in fact, says he is ready to go home if his accusers were to adduce evidence that can convince his employer that he is unsuitable to hold office. “If the President set up a tribunal and the tribunal finds that I have to leave, I am a man of God and believe that God has better plans for me. Hii kiti sio ya mama yangu (This seat doesn’t belong to my mother),” Haji told KBC Channel 1 TV host Jacob Kioria during an interview Wednesday night.

    “If PSC (Public Service Commission) feels that I have to go, I cannot be in this seat forever. I recognize that, that’s why I have a term and the term will end.” He said

    Haji was responding to the issue of petitions that have been lodged at the PSC by a couple of Kenyans who want him removed as DPP.

    There are now a total of five petitions where the Haji’s accusers say he is guilty of alleged abuse of office and non-compliance to Chapter Six of the Constitution of Kenya.

    In the first petition, the sister to slain Dutch businessman Tob Cohen, Gabrielle Van Straten is accusing the DPP of mismanaging her late brother’s murder case.

    In the second one, businessman Francis Nyaga Njeru accuses Haji of failing to act constitutionally in a Ksh.150 million land case against businessman Ahmed Rashid Jibril and his wife Farah Ali Mohamed.

    And in the third petition, Former Jack and Jill proprietor Schon Ahmed Noorani want Haji sacked for ‘mishandling’ case where fellow businessman Rajendra Ratilal Sanghani allegedly failed to repay his debt totaling Kshs.167 million. He says the DPP closed his file prematurely.

    In the case linked to the first one, Grace Nginda Ita made an application before the commission to have Haji forced to relinquish his position due to his handling of a case where shares of her late husband Silas M’Mjamiu Ita were ‘fraudulently’ transferred, in a company where slain businessman Tob Cohen owned majority shares.

    And in the fifth petition, another Kenyan – Charles Waithaka, wants the PSC to conduct investigations against Haji over what he described as “corruption, favoritism, nepotism, tribalism, gross misconduct and incompetence.”

    All of Haji’s accusers are adamant that he has failed the integrity test and is therefore not fit to hold office. The DPP, however, holds a different view and maintains that he is innocent of all accusations leveled against him.

    “I have never been involved in corruption. That is just being malicious and I will table my evidence and I will challenge the assertions.” He said

    He says the petitioners are only enraged by the feeling that he made wrong decisions, in light of ‘sufficient evidence’ which he ignored. And that’s not true, according to the DPP.

    “If you look at most of these, you will see that they are coming from one single party. Some of them they have taken some people I have withdrawn.” He told Kioria

    Haji has undertaken to just “like any other Kenyan, I will have my day to answer. It’s not my style to go and shout and make accusations out there. I will answer it in court and at the PSC also.”

  • Why Tob Cohen’s Family Want Haji Kicked Out Of Office

    Why Tob Cohen’s Family Want Haji Kicked Out Of Office

    The family of the late Dutch businessman Tob Cohen has filed a petition at the Public Service Commission seeking the removal from office of the Director of Public Prosecutions Noordin Haji that they say is mishandling the murder case of their kin.

    The family claims the DPP is interfering with investigations further accusing him of protecting people perceived as influential from prosecution.

    Through their lawyers the family of the late businessman Tob Cohen now wants the Public Service Commission to eject from office the Director of Public Prosecutions Noordin Haji on claims he lacks all requisite experience as provided for under Article 157 (3) Constitution of Kenya, 2010.

    The petitioner, Cohen’s sister Gabriel Hannan Van Straten, further claims the DPP has demonstrated abuse of power and office by restraining the Directorate of Criminal Investigations from arresting Court of Appeal Judge Kantai Ole Sankale, for his alleged involvement in the murder and cover up.

    Further, the family is accusing DPP Haji of interefering with mandate of the office of the DCI, non-compliance of Chapter Six of the Constitution, incompetence, and lack of qualification to hold the office.

    Cohen’s murder case is taking a new twist after DPP Haji declined to charge Court of Appeal judge Sankale ole Kantai over the murder.

    In papers filed before the High Court, Haji says that after a review of the file forwarded to him by the DCI, he established that the evidence gathered were mere suspicions and assumptions. Haji said that the evidence gathered by detectives had not placed the judge in the murder plot.

    “It was evident that no inference of guilt could be drawn against the petitioner herein as the circumstantial evidence did not satisfy the requisite requirement and consequently, the same could not form the basis of preferring criminal charges against the petitioner,” he said.

    The family, however, insists that the DCI proved that the judge was involved with the widow of their kin, and was also involved in the murder.

    “Director of Public Prosecutions is operating openly with impunity by protecting persons that are perceived as influential or high in social status such as Justice Sankale, a clear indication of abuse of office and misuse of power on his part,” reads the petition in part.

    “DPP does not serve the best interest of justice for the victims of the late Tob Cohen; the greater public good and more so, an invasion to the freedom and independence of the office of the DCI who is lawfully empowered to detect crime, investigate it and bring the perpetrators to face the consequences of their actions,” the petition adds.

    Meanwhile, the Party of National Unity has been included as an interested party in the BBI Supreme Court appeal.

    This follows a petition filed on their behalf under a certificate of urgency by Saroni and Stevens Advocates.

    The matter which has the Attorney General as a petitioner and David Ndii and 73 others as respondents will be mentioned virtually on October 21 before the Deputy Registrar of the Supreme Court.

  • DPP Error In Prosecution Hands Kidero A Win In Sh68M Graft Case

    DPP Error In Prosecution Hands Kidero A Win In Sh68M Graft Case

    Former Nairobi Governor Evans Kidero has yet again won after the Anti-Corruption Court declined a second attempt by the Directorate of Public Prosecution (DPP) to prosecute him together with Nyakach MP Joshua Aduma Owuor in a Ksh68 million graft case

    In his ruling, trial magistrate Douglas Ogoti upheld Kidero’s contention that the DPP errored in law by trying to amend the charge sheet on January 16 last year to have him and Aduma prosecuted together.

    The court declined to consolidate Ksh58 million in Kidero’s file with that of Nyakach MP Joshua Aduma Owuor who was charged with corruptly authorizing payment of Ksh10 million to a law firm of a dead lawyer eight years ago.

    Ogoti struck out the amended charge sheet where the DPP had unlawfully attempted to have the two cases consolidated and ordered the earlier charge sheet against Kidero’s Ksh68 million graft case to proceed to trial.

    “There is nowhere in the court record that the prosecution sought for the court’s permission to file the amended charge sheet. The charge sheet dated January 16, 2020, is hereby struck out,” the magistrate ruled.

    While declining to allow the two to be tried together, Ogoti said the prosecution may move to amend the charges but that has to be done within the perimeters of the law.

    “This is an ongoing matter. The prosecution was legally bound to move formally in order to seek for the court’s permission to introduce the charge sheet dated January 16, 2020,” Ogoti ruled.

    “It is not open for prosecution or any other party to introduce documents to the record in a live matter without following due process.”

    In the charge sheet that has been struck out, the DPP had amended charges in the case by introducing an accused person and amending dates in the case. The DPP claimed that the charges and evidence in the case against the two were similar therefore they should be tried together.

    Kidero and Aduma had contested the move to have their cases of Ksh 58 million and Ksh 10 million respectively consolidated saying that the DPP’S decision was an abuse of the court process.

    They further argued that the DPP offended their rights and integrity to a proper and fair trial.

    On December 4 2019, Ogoti had directed that the DPP prepares and presents a new charge sheet and have Kidero, former Chief of Staff George Wanaina, John Kariuki and thirteen others take fresh pleas.

    The DPP was ordered to prepare a fresh charge in the two cases after Ogoti declined to consolidate Kidero’s file with that of Aduma.

    However, on January 16, 2020, the DPP filed a fresh charge sheet having the two cases consolidated a move that was highly contested by the defence lawyers.

  • Former Bank Manager Pledges To Return Stolen Funds

    Former Bank Manager Pledges To Return Stolen Funds

    A former manager of Fina Bank, now Guaranty Trust Bank Kenya, and three others charged with stealing over Sh96 million from the lender over a decade ago are seeking to return millions of shillings to avoid jail.

    Graham Sagwe, the former Fina Bank manager, and traders Robert Moseti, Gladys Moraa and Obadiah Nyambane have approached the Director of Public Prosecutions (DPP) for an out-of-court deal.

    The deal will see them freed or get less punishment under a plea bargain scheme that will demand millions returned to the bank, now owned by Nigerian lender Guaranty Trust Bank.

    The Sh96 million was diverted from paying a Chinese contractor to a Kenyan firm associated with Don Bosco Gichana, Malch Construction, which had not handled any construction works, through Eco Bank.

    The millions were shared later among the five including Mr Gichana whose case was withdrawn after he was jailed in Tanzania on money laundering charges.

    Chief magistrate Francis Andayi last week said the four have case to answer over the Sh96 million.

    Yesterday, defence lawyers for the four asked the court for more time to allow them conclude the plea bargain talks with the DPP.

    “We have approached the DPP for plea bargain and establish how much money should be returned to the bank so that this case can be settled out of court,” said Dunstan Omari, lawyer for Ms Moraa and Mr Nyambane.

    Mr Omari said since last Friday they have held talks with the DPP to find a lasting solution to the dispute.

    “We approached the DPP on Friday and we did not conclude the issue as defence counsel travelled up country,” he added.

    Mr Omari said the constitution embraces alternative dispute resolution (ADR) as a way of resolving disputes and safe precious judicial time.

    The prosecuting counsel, Angela Fuchaka confirmed to Mr Andayi that the DPP and the defence are engaged in talks to settle the case out of court.

    In 2010 then High Court judge Mohammed Warsame had ordered the accused persons including Gichana to return all the money stolen from the bank then the case would be marked as settled.

    Mr Gichana and two law firms that were involved in the transfer returned part of the Sh96 million.

    Mr Sagwe was charged with stealing Sh96.7million from Fina Bank on November 15 2010.

    The four including the manager Graham Sagwe and traders Robert Moseti, Gladys Moraa and Obadiah Nyambane have approached the director of public prosecutions (DPP) for an out-of-court deal.

    Mr Nyambane and Ms Moraa are charged with stealing Sh96.7m from Eco Bank Limited where Malch held an account.

    Ms Moraa was a non-executive director of Malch while Mr Nyambane was CEO of the firm.

    They have denied the theft charges and are out on bond.

    The Nigerian bank in 2013 acquired a majority stake in Fina Bank, set up in 1991, through a share purchase from current shareholders and direct investment in a deal valued at $100 million (Sh11 billion).

  • Blogger Nyakundi Lock Horns With DPP Haji Over Victoria Bank’s Dismissed Case

    Blogger Nyakundi Lock Horns With DPP Haji Over Victoria Bank’s Dismissed Case

    Blogger Cyprian Nyakundi has locked horns with the Director of Public Prosecutions (DPP) Noordin Haji over an alleged extortion case involving Victoria Commercial Bank.

    Justice Antony Mrima had on March 11 declared unconstitutional the way the evidence in the matter was obtained.

    “The DPP ought to have acted in compliance with the superior court decision which was pronounced six months ago,” defence lawyer Dudly Ochiel told the magistrate on Wednesday.

    Justice Mrima ruled that the DCI had entrapped the blogger by illegally obtaining evidence against him.

    He ruled that the evidence was not admissible and therefore the criminal trial should have been halted.

    Owing to the High Court’s ruling, the case against Mr Nyakundi and others collapsed.

    Nyakundi had written widely about the bank’s alleged links money laundering among other fraudulent activities upon which the bank on seeing their reputation was in-line, talked to him to go slow on his attacks in exchange of a token. Later the bank would change mind and laid a trap leading to his arrest.

    His victory would come when the court ruled that he was entrapped by the authorities in collaboration with the bank and that in no way he was plotting to commit a crime but was wittily led to the trap.

    Despite the case collapsing, Nyakundi and his co-accused have been attending court sessions for the last six months in line with the law since they’re out on bail and the DPP hasn’t formally withdrawn the case as required.

    When they appeared before Milimani Principal Magistrate Zainab Abdul on Wednesday, the suspects complained that they had been cleared by the High Court but that the DPP was reluctant to terminate the case.

    Mr Nyakundi, through Mr.Dudly Ochiel , said six months had lapsed and that the DPP had dragged his feet on the matter by failing to terminate the criminal charges against them.

    “The DPP ought to have acted in compliance with the superior court decision which was pronounced six months ago,” defence lawyer Mr. Ochiel told the magistrate on Wednesday.

    “Despite the March 2021 ruling, I have been attending court like an accused person while the office of the DPP prosecutor going by the name Muya claims that his boss Mr. Noordin Haji has not authorized for the case to be terminated.” Reads Nyakundi’s complaint seen by Kenya Insights to the ODPP.

    “While this is shocking and frustrating at the same time, I have always attended the court like an accused person wondering why the court and the ODPP are dragging in this matter yet the high court ruling was final and clear.” He states.

    The blogger is now demanding to know in his complaint what the interest of the DPP is in the matter terming the conduct as unprofessional. “Why would DPP Noordin Haji require approval for a matter that has already been in order for things to move?” He poses.

    However, seeking more time to get instructions from the DPP, a State prosecutor said an appeal had been lodged to challenge the High Court’s decision.

    In a brief ruling, Ms Abdul noted that the DPP was yet to advise the subordinate court on the way forward in light of the High Court decision.

    She then gave the DPP up to September 15 to communicate his decision.

  • Did Somalia tycoons neutralize the plot to oust DPP Haji?

    Did Somalia tycoons neutralize the plot to oust DPP Haji?

    Powerful tycoons and elites from the Somalia community managed to neutral a plan by members of the system to have the current Director of Public Prosecution Noordin Haji ousted under the guise of succeeding his late father Yusuf Haji as Garissa senator.

    The tycoons prevailed over businessmen, elders, politicians and religious leaders from Garissa to rally behind the DPP’s younger brother Abdulkadir Haji who was elected unopposed after the death of his father on February 15, 2021.

    Ranking elements within deep state were plotting to have the DPP Haji uprooted from his current position and thrown into politics. The death of the senior Haji was seen as a perfect chance to force Noordin to quit his position but Somalia fat-cats who have infiltrated the system ensured that their son retained to the useful and prestigious position.

    The tycoons had panicked that losing the DPP’s position would have them exposed to investigative authorities. Recent crackdowns on corruption have concentrated on individuals allied to the Deputy President William Ruto, mostly from the Kalenjin community but individuals from the Somalia community are also targeted.

    Garissa Senator Abdul Haji [p/courtesy]
    Garissa Township MP and former majority leader of the national assembly Hon. Aden Duale led the political front in ensuring that Abdul bagged the seat through a negotiated democracy as he termed anyone who attempted to oppose their move as enemies of the community.

    The embattled Garissa Governor Ali Korane also requested the community to have Abdul succeed his father unopposed. Korane was last September barred from accessing his offices until his Sh233 million corruption case is determined but he used the opportunity to please the community and the DPP who should be on his neck.

    Power brokers within the system were restless to have Noordin’s position taken by a Kikuyu as political realignments towards 2022 take shape. The Director of Public Prosecution serves an eight year term and enjoys authority over all criminal investigations and prosecutions.

    The DPP also has powers to order the Inspector General of Police to probe any crime but the proposed constitutional amendment Bill, BBI aims to repeal Article 158 have the DPP to work under the president.

    The former Chief Justice David Maraga criticized the move as a lose towards the fight on corruption since any sitting president will use the DPP to fight his adversaries.