• Monday's arrests add to other high-profile arrests conducted on his order including that of DCJ Mwilu, former PS Omollo and senior NLC officials.
• Haji last year said high-profile arrests have political implications, 'people always think a certain group is targeted'.
DPP Noordin Haji’s order for the arrest and charging of Treasury CS Henry Rotich, PS Kamau Thugge and 26 other senior government officials marks the highest point in the renewed fight against corruption declared by President Uhuru Kenyatta a year ago.
The arrests and arraignment are also a sterling act of courage on the part of Haji in a country where there has been a serious concern the fight against corruption only targets small fish. There have been ceaseless calls for investigative agencies to go for the so-called big fish if they are to win the confidence of Kenyans.
In a clear signal that Haji is aware of these concerns and has trained his guns on suspected masterminds of mega-corruption, the DPP said his office has prioritised tracing proceeds of crime, benefits and instruments of crime, asset confiscation and forfeiture. This requires international cooperation to trace and return loot stashed away overseas.
In the Arror and Kimwarer dams scandal, Haji said “investigations established that government officials flouted all procurement rules and breached their oath of office to ensure the scheme went through".
Going after the big fish such as CS Rotich and PS Thugge, who remain innocent until proven guilty in court, means the DPP will stop at nothing to fight corruption – even if the evidence leads to the highest level of government.
That Haji can order the arrest of a member of the Executive indicates he has the full backing of the President.
Other high profile corruption cases the DPP has taken to court include:
Deputy Chief Justice Philomena Mwilu charged with financial impropriety in August last year.
Former Youth Affairs PS Lilian Omollo and 36 others charged in relation to the loss of Sh225 million at NYS.
Five officials of the Kenya Pipeline Company including former MD Joe Sang charged over the Sh1.9 billion Kisumu oil jetty scandal.
Former Agriculture PS Richard Lesiyampe and National Cereals and Produce Board officials prosecuted over the irregular purchase of maize.
Former National Land Commission chairman Muhammad Swazuri and senior officials charged with conspiracy to commit economic crime, abuse of office and financial misconduct.
The only question now is whether Haji has adequate evidence to secure convictions as he stated.
High-profile arrests have political implications. “The biggest challenge is, of course, the politics; how to navigate the politics,” Haji told the Star last December.
“The notion that you are targeting a certain tribe or class of people – misinterpreting each step which is done with the best of intentions.”
The DPP said when someone loots public coffers, none of his villagers or tribesmen benefits. In the end, they are the biggest losers.
On Monday, Haji said corruption always fights back. Some people might use the arrests and arraignment to incite unrest, he said. The government has put in place mechanisms to monitor such attempts and deal with them accordingly.
Haji works with the Director of Criminal Investigations George Kinoti and the Ethics and Anti-Corruption Commission chief executive Twalib Mbarak.
In March, Deputy President William Ruto launched a scathing attack on DCI Kinoti, saying the government’s top detective had no mandate to investigate economic crimes.
Ruto’s remarks set off an anti-Kinoti chorus among his allies, forcing Attorney General Kihara Kariuki and the EACC chief Mbarak to clarify that Kinoti was in fact acting within the law.
Haji says his main motivation is to have a country free of corruption that all citizens can be proud of.
“As the Director of Public Prosecutions, I take my constitutional mandate seriously,” Haji said.
“Having seen the adverse effects of corruption in our society, the Office of the Director of Public Prosecutions has stepped up efforts to prosecute corruption and economic crimes to bring to account those culpable regardless of their station in life.”
Edited by R.Wamochie