LACK OF EVIDENCE

Why I dropped Aisha Jumwa and Kenya power cases — Haji

The DPP said he is still reviewing other cases before him.

In Summary

• Haji said evidence was never availed for the both cases despite his office asking for it.

• He said the DCI insisted that there was evidence to directly link Aisha Jumwa to the CDF case.

Director of Public Prosecutions Noordin Haji.
WAR ON GRAFT: Director of Public Prosecutions Noordin Haji.
Image: FILE

DPP Noordin Haji has revealed that former DCI boss George Kinoti failed to avail evidence against CS Aisha Jumwa and Kenya Power cases thus his decision to drop them.

Speaking on Sunday night, the director of prosecutions explained that the evidence was not forthcoming.

"In 2018, the case was remedied by the DCI himself and when we asked for evidence which he promised to avail, was never fourth coming," Haji said during an interview with KTN News.

 

He said at the end of the day, his office had to make a decision because according to him, there was definitely something wrong with the manner in which the investigations were done.

"The DCI had an option of changing the investigation officers which he did at that time and we understood that the evidence was availed. But coming to 2021 we saw there was nothing," Haji added.

On October 12, the DPP made headlines following the withdrawal of the Sh400 million graft case against former Kenya Power MD Ben Chumo and 10 others. 

On the same day, Haji also withdraw all cases against human rights defenders who were arrested illegally and charged falsely by police officers.

The DPP said it was the same situation with former Malindi MP Aisha Jumwa where evidence was never availed despite his office asking for it.

Early this month, he withdrew a Sh19 million graft charges against  Jumwa.

"We asked for evidence and we wrote over five times reminder to the DCI himself but the evidence was never fourth coming. We had to then review the case and withdraw it."

He explained that a  number of people dealing with the CDF case were actually involved and the ODPP have evidence against them.

Haji however, disclosed that all along, the DCI insisted that they had evidence to directly link Jumwa to the case and availed certain documents.

"We felt if additional documents were availed then proof would be there for us to move to court and prosecute her but this was never availed and we had to review the case and drop the charges against Jumwa," he noted.

Nevertheless, Haji said his office has had to review many cases and some have been dropped.

"We have even gone to prisons and correctional facilities and released people after reviewing their cases. It's not only these two cases that have been dropped."

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