A day after the court halted plea taking for Sarah Wairimu in murder charges against her husband Tob Cohen to investigate whether lawyer Philip Murgor was still a public prosecutor, two letters have emerged detailing the reasons he left.
One letter shows that his contract was terminated in May 2005 after a two-year stint as the Director of Public Prosecutions (DPP).
In the second letter addressed to the DPP, Murgor lay bare reasons he had to quit as a special public prosecutor to assist in high profile graft cases and offer his expertise in high profile legal matters following his experience as a DPP.
He says, four months after his appointment, he was not assigned any duties neither was he consulted by the office of the DPP, despite rules of engagement barring him from undertaking other legal works.
“Looking back, there does not appear to have been any intention or urgency at all, to effectively deploy the newly appointed external public prosecutors. Indeed, to date, have not been assigned any prosecution briefs or related legal work. While at the same time, I am barred by the terms of my appointment from undertaking any legal work in opposition to the ODPP,” wrote Murgor.
The former DPP also complained that the office of the DPP led by Noordin Haji had been reluctant to accord him security, as one of the agreements of engagement.
“No facilities whatsoever, have been made available, including the provision of personal security, despite the prejudicial, albeit erroneous, public perception that the newly appointed special public prosecutors are playing in a critical role in the ongoing corruption and economic crime investigations and prosecutions. My individual requirements for security are compounded by my previous role as DPP,” he added.
While serving as the Leader of the Opposition and Chairman of Public Accounts Committee, President Uhuru Kenyatta wrote to the commissioner of Police Hussein Ali requesting for security for Murgor, since he had handled several ‘sensitive’ cases while serving as the DPP but it was not accorded.
“Mr Philip Murgor, the former Director of Public Prosecutions, served in a very sensitive position and handled very sensitive matters of this country. The Public Accounts Committee while taking evidence front him on 21st February, 2006 expressed great concern that matters relating to his personal security and his right to protection by the state have been handled lightly. The committee wishes to expect front you that due consideration is given to the said concerns,” wrote Mr Kenyatta.
The lawyer said that engagement of senior external counsel as standby prosecutors has failed, since they had not achieved anything in the fight against graft.
“In the circumstances, and with regret, I hereby resign as a public prosecutor in the ODPP, with immediate effect,” said Murgor.