The owner of Jack and Jill supermarket Schon Noorani has withdrawn a petition seeking the removal from office of the Director of Public Prosecutions (DPP) Noordin Haji.
In an affidavit filed at the Public Service Commission (PSC) on Wednesday, the businessman said he no longer was interested in pursuing the matter.
“I am aware that I instructed the firm of Musyoki Mogaka and Co advocates to file a petition for the removal of the DPP,” reads the affidavit in part.
He added that after thorough consideration of the matter, he had come to the conclusion that the case in question was in deed a civil case as earlier indicated by the prosecution.
“I have after taking further legal advice and a lot of reflection come to the conclusion that the issue was more of a civil debt than a criminal case. I have therefore decided to withdraw the petition,” Noorani said.
Accompanied by lawyers Danstan Omari and Shadrack Wambui on Monday, Mr Noorani accused Haji of gross misconduct for allegedly declining to charge his former business associate.
The businessman had apparently loaned his former ally, Rajendra Sanghani, money back in 2015. The loan, he said, had accrued interest to reach Sh240 million.
According to Noorani, Mr Shanghani should have been charged with obtaining money by false pretences.
“The DPP willfully, recklessly, negligently and deliberately was in capacious and limited in the approach of discharging his mandate as the DPP limiting himself to only the offense of issuance of post-dated cheques…” Noorani had said.
“And failing to take into account the glaring provisions of the law in which the conduct of Sanghani in the cancellation of the cheques issued to the petitioner establish the ingredients of obtaining money by false pretenses.”
With this particular petition out of the way, Haji still has two other petitioners seeking for his removal.
A businessman identified as Francis Njeru sought for Haji’s ouster on grounds that he had mismanaged his case where there was a property dispute between him, China Road Bridge Corporation, and ARJ Capital.
The other petitioner is Gabriel Van Straten, the sister of the late Tob Cohen.
She accused the DPP of mismanaging her late brother’s case.
Senior counsel Ahmednasir Abdullahi had earlier claimed money in the tens of millions had been raised to fund petitions against the DPP.
“Very powerful government officials have raised tens of millions of Shillings to remove DPP Haji. A number of Cabinet Secretaries have generously contributed to the fund. So if you see endless petitions to the Public Service Commission, then know they are generously funded!” said Ahmednasir.