DPP Noordin Haji wins in court

By Judy Jerono Kabarnet High Court has dismissed a petition by activist Okiya Omtatah challenging Director of Public Prosecution (DPP) Noordin Haji's powers. Omtatah had filed a case seeking to have the DPP barred from ordering probes through various state agencies. Justice Korir ruled that the police should seek the authority from DPP before drafting charges and take them to court saying they have no powers to do so. He further said that the DPP has powers to guide and assist in such investigation agencies and also to expect and receive a report of such investigations. “The power to file charges before courts belong to the Director of Public Prosecution (DPP) and not the Inspector General of Police," Justice Korir ruled. He said that the ODPP’s 2019 decision to change charge guidelines which are an internal guide for prosecutors is  constitutional and valid Omtatah had moved to court claiming that DPP Noordin Haji has taken the National Police Service powers with regard to investigations and that is dictating their operations, contrary to the law. Omtatah said in his application, “the DPP has usurped powers of the National Police Service regarding police’s mandate to investigate crimes and charge suspects”. He claimed that Haji has overstepped his authority Omtatah, in his suit, wanted the court to give guidance on who between NPS and the DPP has the mandate to investigate and charge suspects in court. This comes after the feud for control of prosecutions between the Office of the Director of Public Prosecutions (ODPP) and the Directorate of Criminal Investigations (DCI) which prompted an activist Omtatah to move to court to protect police powers.