Director of Public Prosecution Noordin Haji is now under pressure to resign following his confession that former Director of Criminal Investigation (DCI) George Kinoti presented cases lacking concrete evidence.
DPP Haji accused Kinoti of failing to submit cases that met the threshold to warrant prosecution during an explosive interview with KTN News' Sophia Wanuna on Sunday, October 30.
"Over time, we discovered that the DCI was not serious in availing concrete evidence for cases. That is why we had a push and pull between the two offices. We could not proceed with cases that didn’t meet our threshold. They lacked sufficient evidence to be presented in court," Haji told the broadcaster.
The confession was received with disbelief and increased calls for his accountability to get to the bottom of the interplay between Kinoti and Haji.
A section of legislators affiliated with the Kenya Kwanza called for the apprehension of Kinoti, who resigned after President William Ruto assumed power.
Led by Githunguri MP Gathoni Wamuchomba, the ruling alliance accused the former DCI of politically instigating charges against Ruto allies.
"DCI Kinoti was getting orders from some powerful corners, selective justice... Do you remember Kamata Friday? They wanted to make sure they selectively persecute some people because of their political association," Wamuchomba stated.
Her sentiments were corroborated by former Kenya National Union of Teachers (KNUT) Secretary General Wilson Sossion who called for the formation of a commission of inquiry to look into the allegations raised by Haji.
"To get justice and bring this matter to an end so that no other regime or leader can weaponise the DCI for political expedience against Kenyans, there must be a commission of inquiry into the extrajudicial killings. Nobody is above the law, and if Kinoti is implicated, he should face the law," Sossion stated.
On the other hand, Nandi county senator Samson Cherargei argued that both Kinoti and Haji need to be held accountable for their actions. Justifying his claims, Cherargei added that Haji could have raised the alarm earlier.
"DPP Haji, who is joined at the hip with Former DCI Kinoti, has said that all cases, plus mine, were political. He allowed my numerous arrests, detentions and prosecutions, yet he knew it was political persecution. As a good Muslim, he shouldn't have allowed it," the Kenya Kwanza legislator stated.
A section of lawmakers from Azimio la Umoja called for the resignation of DPP Haji. Homa Bay Senator Moses Kajwang said DPP Haji needs to resign and pave the way for proper investigations into his confessions.
Kajwang described Haji's actions as a blatant violation of the constitution and disregarded his role as the Director of Public Prosecutions.
"What is DPP Haji doing in office when by his own admission, he has violated the Constitution and the rights of persons who had no business appearing before the court? The honorable thing that he should do is resign," Kajwang insisted.
Former State House official Mutahi Ngunyi also faulted Haji arguing that his confession had a lot of contradicting statements. He questioned whether DPP based his arguments on a DCI official who had accused Kinoti of forging documents to charge Deputy President Rigathi Gachagua.
However, Lawyer Danstan Omar alleged that Haji's confession was a witch-hunt against former President Uhuru Kenyatta's administration.
According to Omar, DPP Haji played to the public gallery to please the current regime.
"This govt seems to be politically witch-hunting the government of retired President Uhuru Kenyatta.
"Anybody who has evidence of culpability of George Kinoti should present it for now I think it's just politics between the two offices (ODPP and DCI) and there is no criminal evidence," he stated.
