DPP not influencing courts, judge Ong'udi says after Maraga criticism

Director of Public Prosecution Noordin Haji during a press conference to name suspects in the Sh9 billion National Youth Service scandal, May 28, 2018. /EZEKIEL AMING'A
Director of Public Prosecution Noordin Haji during a press conference to name suspects in the Sh9 billion National Youth Service scandal, May 28, 2018. /EZEKIEL AMING'A

The High Court has dismissed claims that DPP Noordin Haji is influencing decisions in investigations into the Sh9 billion NYS scam.

There was speculation about the letter that Haji sent Chief Justice David Maraga.

While dismissing the claims on Tuesday, judge Hedwig Ong'udi said Haji only expressed the role his office would play in ensuring expeditious processes.

“The court is at liberty to borrow from other jurisdictions as long as it does not violate the Constitution and applicable laws” Ong'udi noted.

Noordin earlier asked the High Court to dismiss applications by the 48 NYS suspects for their release on bail.

He gave reasons including the risk of jeopardising investigations and the intimidation of junior officers by their seniors.

On Saturday, lawyer Ahmednasir Abdullahi criticised Maraga over how the court was handling the NYS scandal.

Ahmednasir termed the Judiciary the second biggest losers in the war against corruption after the Ethics and Anti Corruption Commission. He said the winners were the NIS, Criminal Investigation Department (CID) and the DPP.

The lawyer said the Chief Justice failed when he denied the suspects bond. He also claimed that the Judiciary has become timid and only takes orders from the Executive.

“Judicial independence and forceful enforcement of the Constitution under [former CJ Willy Mutunga] has been replaced by a timid Judiciary that loves to play second fiddle to the Executive. Bail is denied to suspects due to Executive edict enforced by the Judiciary.”

The 48 suspects in the alleged fraud were reprieved earlier on Tuesday by the High Court's decision to grant them release pending their trial.

Judge Hedwig Ong'udi freed them on Sh5 million bond with sureties of Sh2 million each, with concurrent cash bails of Sh1 million each.

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