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PSC barred from considering petitions seeking Haji's removal

Haji argues the petitions only intent is to coerce and force him to charge Judge Kantai

In Summary

• Justice James Makau on Thursday barred PSC from acting on the two petitions filed by the late Tob Cohen sister and a businessman.

• The commission has also been barred from taking any further action or steps in the proceedings pending a hearing of the case filed by Haji.

Director of Public Prosecutions Noordin Haji at a past event.
Director of Public Prosecutions Noordin Haji at a past event.
Image: FILE

Director of Public Prosecutions Noordin Haji got major reprieve after the High Court stopped the Public Service Commission from considering two petitions seeking his removal.

Justice James Makau on Thursday barred PSC from acting on the two petitions filed by the late Tob Cohen sister and a businessman.

"A conservatory order is hereby issued suspending PSC consideration of two petitions lodged for the removal of the DPP before the commission," the order reads.

The commission has also been barred from taking any further action or steps in the proceedings pending a hearing of the case filed by Haji.

The court has also restrained Gabriel Van Straten and Ibrahim Ndirangu alongside their lawyers from commenting or discussing or broadcasting any information related to the two matters before PSC most specifically Justice Sankale Ole Kantai matter that is before the High Court.

In his petition, Haji argues that the two petitions only intent is to coerce and force him to charge Judge Kantai when there is no sufficient evidence against him.

"The purpose of the petitions before the PSC has always been the unreasonable and obsessive insistence of the petitioners to have Justice Kantai charged with the murder of Tob Cohen despite the absence of any credible evidence of his involvement," the petition reads.

Haji says he was served with a notice accompanied with the two petitions for his removal by the PSC on October 19 which required him to respond to them within two weeks from the date.

Haji says the two petitions before PSC are null and void as they interfere with the exercise of the prosecutorial powers.

Edited by D Tarus