The Director of Public Prosecutions (DPP) Noordin Haji can now breathe easy after the High Court barred the Public Service Commission (PSC) from considering two petitions seeking his removal.
High Court Judge James Makau on Thursday barred PSC from considering the petitions filed by the late Tob Cohen sister Gabrielle Van Straten and a local businessman identified as Francis Njeru pending hearing of Haji’s petition.
“A conservatory order is hereby issued suspending PSC consideration of two petitions lodged for the removal of the DPP before the commission,” the order reads.
The petitioners were also barred by the court from commenting or discussing the matters before the Commission in the media.
Straten and Njeru want the DPP removed from office over gross misconduct and abuse of office.
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Straten accuses the DPP of being unfit to hold public office given the manner he has “mishandled” her late brother’s murder case.
The Cohen family questions why the DPP declined to prosecute Court of Appeal Judge Sankale Ole Kantai despite evidence by the Directorate of Criminal Investigations (DCI) linking him to the deceased’s murder.
On the other hand, Njeru claims the DPP has mismanaged his case where there is a property dispute between him, China Road Bridge Corporation, and ARJ Capital.
The property in question is located along Mombasa road at Kyangombe village in Embakasi and Njeru has claimed ownership over it.
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But the DPP argues in his petition that the two petitioners’ only intent is to coerce and force him to charge Judge Kantai when there is no sufficient evidence against him. Notably, the two petitioners are being represented by Lawyer Danstan Omari.
“The purpose of the petitions before the PSC has always been the unreasonable and obsessive insistence of the petitioners to have Justice Kantai charged with the murder of Tob Cohen despite the absence of any credible evidence of his involvement,” the petition reads.
Haji accuses the petitioners of an attempt to interfere with his prosecutorial power.
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