Africa-Press – Kenya. Nairobi-based businessman, Francis Njeru, has filed a petition seeking the removal of the Director of Public Prosecution (DPP) Noordin Haji from office citing interference in a land case.
In a petition filed with the Public Service Commission (PSC), seen by Kenyans.co.ke on Monday, October 25, Njeru alleged that the DPP failed to prosecute two directors of a company who were allegedly charged with forging the land documents in question.
Njeru further claimed that the DPP was reluctant to prosecute the two directors because of conflict of interest since he (Haji) was related to them.
“Notwithstanding the orders from the honorable court imploring the ODPP to discharge its mandate in the prosecution of the accused persons, the DPP willfully refused and failed to discharge its mandate.”
“The petitioner has since established that the basis behind the DPP’s stubborn refusal to prosecute and his concerted efforts to have criminal cases withdrawn, is based upon his close family relations with the charged accused persons who are his first cousins,” read the petition
The petitioner went further to state that the DPP was unfit to hold office for acting against public interest, adding that the Haji charged him with fraud with the aim of having the case dismissed.
“The petitioner was approached by a mutual friend known both to him and the prosecutor that should he drop the charges against the two directors and abandon the case in which he is privately prosecuting, the charges against him will also be dropped,” the petition read in part.
In the petition, Njeru revealed that the two directors had requested to be enjoined in a court case that had been filed in 2016 by the businessman after a trespasser encroached on his land. The duo had requested to be enjoined in the case stating that they were interested parties.
However, in 2019, a court declined the request, further calling on the Directorate of Criminal Investigations (DCI) to investigate an affidavit that was signed by a legal officer of the company.
It is alleged that the DCI found that the documents had been forged, further recommending that the DPP prosecutes the company directors for the forgery.
“These investigations resulted in the two directors being charged in a criminal case NO2114 of 2019 for counts of conspiracy to defraud contrary to 317 of the penal code,” the petitioner stated.
This petition comes after another petition was filed by the family of the late businessman Tob Cohen to have Haji removed from office alleging that he was mishandling the murder case.
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