No Maslah in criminal cases, Haji tells Garissa residents

DPP Noordin Haji has asked Garissa communities not to use Maslah as alternative dispute resolution for rape, defilement, murder, FGM and other crimes.

Cash, camels and livestock cannot compensate for loss of life and dignity, he said.

Speaking during a community dialogue at the Kenya National Library in Garissa on Wednesday, Haji said victims were denied justice when police and courts were not involved.

Residents complained of stalled cases in the justice system.

Haji said  elders should stop taking up such cases and instead allow the police and the justice system to do their work.

“Someone must tell you the truth if we are to end some of these cases," he said.

"You have taken sides with your clans and we want to make it clear that no Maslah for murder cases, no Maslah for defilement, rape and FGM cases,” Haji said.

The DPP however said that cases of police misconduct will be forwarded to the Independent Policing Oversight Authority and action will be taken against officers found culpable.

“We will invite Ipoa to investigate cases involving the police but you must be ready to present required evidence without being intimidated," he said.

On traffic police bribery claims, Haji said he agreed with Police IG Hillary Mutyambai to bring the Internal Affairs Unit to Garissa to investigate. He urged residents to avoid "short cuts" by bribing the police.

The citizens complained about police bribery especially at the Tana Bridge police block, use of excessive force and the cover-up of cases involving high-profile individuals.

Garissa town resident Ahmed Sheikh Warsame said police assaulted him after he won a land dispute at the Garissa High Court.

Warsame alleged that an unnamed individual bribed the police to kill him so that he could take over his land.

“The police came to my house at around 2.30am but I was not home. They arrested my wife, leaving behind my children, including a 15-day-old infant," Warsame sad.

“The incident was booked at Garissa police station OB. But the police officer behind the arrest has never been prosecuted. Although I won the land case in court, I can’t stay or sleep in my house for fearing of my life,” he added

Haji promised to look into all the complaints presented and take the necessary action.

On matters touching on the recent accident involving the IG’s son in Nairobi, the DPP denied claims of cover up and assured the two families and the hospitalised victim that justice will be served.

A man was killed by a car driven by Mutyambai's son, who surrendered early this month.

“I will check my desk. If it is ready, we will proceed and prosecute. As we said, justice will be served to every Kenyan. There is no cover-up as much as I know. All Kenyans are equal, including the son of the IG,” Haji said. 

(Edited by V. Graham)