Haji accused of nepotism in ODPP recruitment processes

Mar 30, 2023 - 07:50

File image of DPP Noordin Haji. |Photo| Courtesy|

By Edith. O. Virginia Director of Public Prosecution (DPP) Noordin Haji has been accused of Nepotism. This is after an activist moved to court on Tuesday, April 5, 2022, seeking to stop the Office of the Director of Public Prosecutions (ODPP) from conducting interviews for positions it advertised. According to reports, the interviews are scheduled to be conducted between April 25 and 28. [caption id="attachment_5456" align="alignnone" width="800"]

File image of DPP Noordin Haji. |Photo| Courtesy|[/caption] The positions being recruited include Principal Administrative Officer, Senior Supply Chain Management Officer and Senior Principal Finance Officer.

The petitioner, Memba Ocharo accused DPP Haji of nepotism, further arguing that the ODPP has acted in violation of the Constitution.

Through lawyer Danstan Omari, Ocharo argues that the ODPP shortlisted candidates from his ethnic and religious group.

Ocharo wants the court to issue a conservatory order temporarily restraining the DPP from carrying out interviews, background and/or reference checks, gazetting, offering an employment contract and eventually assigning any duties to the shortlisted applicants.

October 25, 2021: Nairobi Businessman Seeks DPP Haji’s Removal From Office

Pressure continues to mount on the Director of Public Prosecutions Noordin Haji after Nairobi businessman Francis Njiru sought the DDP’s removal from office over a land-related case. Through his lawyer Danstan Omari, the Nairobi businessman claimed that DPP Haji had interfered in a case that Njiru had lodged against people who are allegedly related to him. The businessman claimed that Haji had shielded his relatives from prosecution by withdrawing the land case. He further claimed that the DPP’s conduct was proof that he was not fit to serve as a public prosecutor. “Njiru had a case involving land against people who are said to be related to the DDP Haji. Haji worked at every turn to shield the people that Njiru sued from being prosecuted. He has instructed us to seek the removal of Haji in the courts because that conduct was unbecoming of a person who should hold the office of a public prosecutor, “ Danstan Omari told the press on Monday, October 25, 2021. DPP Haji had moved to court in 2020 seeking to withdraw a case against ARJ Capital Ltd director Ahmed Jibril and his co-accused Farah Mohammed were charged with conspiracy to defraud Njeru of his land worth Ksh150 million at the Nairobi Inland Container Depot on October 19, 2015. They were also charged with making a false title document and obtaining land registration by false pretence. Jibril denied the charge before Milimani resident magistrate R. Aganyo on January 21, 2020, and was released on a Ksh2 million bond. Njeru had also sued China Road and Bridges Corporation for allegedly occupying the land illegally. In October 2020, Njeru moved to court arguing that the DPP had not demonstrated that the withdrawal of the case against Jibril and Mohammed is “consistent with public interest, administration of justice and proper use the criminal legal process.” In his application at the High Court, Njeru through Anyango Opiyo and Co Advocates said there was a need to prevent and avoid abuse of the legal process.

November 3, 2021: Millions Contributed Towards DPP Haji’s Removal – Lawyer Ahmednassir

Senior Counsel Ahmednassir Abdullahi sensationally claimed that there is a plot, funded from the highest ranks of government, to remove Director of Public Prosecutions (DPP) Noordin Haji from office. In a tweet on Wednesday, November 3, 2021, the controversial lawyer said that a number of cabinet secretaries had contributed to the effort. [caption id="attachment_8200" align="alignnone" width="1000"]

File image of Senior Counsel Ahmednasir Abdullahi. |Photo| Courtesy|[/caption] “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!” Ahmednassir stated. Early this month, the family of slain businessman Tob Cohen accused the DPP of mishandling the case and sought for his removal from office. “That in acting in the manner as enclosed herein this humble petition, the Director of Public Prosecution fits the criteria for the removal of office consistent with the provisions under Article 158 of the Constitution of Kenya, 2010,” the court document read in part. The court further restrained the Office of the Director of Public Prosecutions (ODPP) and DPP Haji from commenting or discussing the matter before the PSC and the High Court in regards to Justice Sankale Ole Kantai.

November 9, 2021: Danstan Omari Addresses Plot by CSs to Remove DPP Haji

Lawyers seeking the removal from office of Director of Public Prosecutions (DPP) Noordin Haji have rubbished claims that cabinet secretaries are behind the clamour. Speaking to members of the press on Tuesday, November 9, 2021, Danstan Omari, a lawyer for the petitioners, said that the case against the Director of Public Prosecutions (DPP) Noordin Haji was purely based on legitimate questions on the DPP’s competence as a litigator. He also rubbished claims that the petition against Haji had religious and political motivations as some Kenyans have alleged on social media platforms, noting that one of the petitioners is a Muslim. [caption id="attachment_7539" align="alignnone" width="905"]

File image of Lawyer Danstan Omari. |Photo| Courtesy|[/caption] “He is not targeted by virtue that he is Muslim, by virtue that he comes from a minority community. The third petitioner, Jack and Jill is a Muslim. So let nobody bring the question of religion into this matter or into the question of party politics. On Twitter, there’s an argument that the Jubilee Party now wants one Noordin out of office. We have no instructions from the Jubilee party. We have no instructions from any cabinet minister. We have no instruction from any government agency. We have five instructions from five petitioners, ” the lawyer said.

November 25, 2021: I’m Ready to Leave Office if Found Guilty- DPP Haji

Director of Public Prosecutions (DPP) Noordin Haji has said that he is ready to leave his position should he be found guilty of all the accusations levelled against him. Speaking during an interview on Wednesday, November 24, 2021, Haji said that he believes God still has better plans for him. “If the President sets up a tribunal and the tribunal finds that I have to leave, I am a man of God and believe that God has better plans for me,” the DPP said. Telling off his accusers, Haji said that he understands he cannot hold the office forever. However, he maintained that if anything would demand his removal before his time elapsed, he would do it without causing drama. “If PSC( Public Service Commission) feels that I have to go, I cannot be in this seat forever. I recognize that, that’s why I have a term and the term will end,” Haji said. “Hii kiti sio ya mama yangu. Inaweza kuenda anytime. (This position is not my mothers’. It can be taken anytime.),” he implied. According to Haji, the number of petitions filed against him does not send chills down his spine because it had happened to those who went before him. He noted that everyone had a right to do that. He further stated that he was ready to deal with the petitions by arguing his innocence out. “I have four petitions tabled to have me removed from office. My predecessors had over ten, so it’s okay. They can keep bringing the petitions and we will deal with them because I am innocent. “I have never been involved in graft. That is just being malicious and I will table my evidence and I will challenge the assertions,” Haji said. The DPP said, unlike his accusers who made statements in the public, he would wait to answer them back when presented in court since it was not in his behaviour to go shouting around. “Like any other Kenyan, I will have my day to answer. It’s not my style to go and shout and make accusations out there. I will answer it in court and at the PSC also,” he concluded.