Disparity Between Senators on DPP’s Withdrawal of Graft cases

Azimio la Umoja Coalition and Kenya Kwanza Alliance senators have aired different opinions on the recent decision by DPP Noordin Haji to withdraw certain court cases.

While defending the DPP ‘s actions, Nandi Senator Samson Cherargei said Haji has the right to withdraw any case that he believes cannot hold up in court.

According to Cherargei the cases being withdrawn by the DPP lacked evidence and that is why they are collapsing.

“If the DPP has looked at the file and assessed it and it does not meet the standard that can go to court, then the DPP has the right to withdraw the case,” Cherargei stated.

Moreover, the Nandi senator argued that most corruption cases under former President Uhuru Kenyatta’s regime were politically motivated.

“For us, before Ruto was elected, we always used to insist that some of these cases are politically-motivated charges and that is why they cannot stand. The DPP is a prosecutor, he cannot take up a cooked up politically motivated case without facts,” he added.

Also Read: DPP Drops Ksh 19m Graft Charges Against Aisha Jumwa

Elsewhere, Narok Senator Ledama Olekina, claimed that Kenya’s criminal justice system is under state capture.

“Our criminal justice system is being remote-controlled because the DCI investigates… When the person who is supposed to prosecute, the DPP, goes out and throws these charges that the DCI has taken so much time to be able to investigate it really beats the purpose of having a criminal justice system,” Ledama said.

The Narok County senator further noted that it makes no sense for DPP Haji to dismiss the graft cases, adding that the DCI consumed state funds to conduct investigations into such accusations before relaying its findings to the ODPP for prosecution.

Nonetheless, DPP Haji during the week dropped corruption cases against ex-KPLC boss Ben Chumo and 10 others as well as former Malindi MP Aisha Jumwa’s Sh19 million graft case.

Furthermore, the prosecution in Chumo’s case told trial magistrate Felix Kombo that the State does not wish to continue with the case, citing a lack of evidence.

However, three witnesses had rendered their evidence with only one remaining for the prosecution to close its case.

Nevertheless, an attempt to withdraw the corruption case facing former Samburu Governor Lenolkulal was dropped as the court directed the prosecution to file a formal application for withdrawal.

The former Samburu Governor was facing a Sh80 million corruption case. Graft