The Director of Public Prosecution and National Intelligence Service director -general nominee Noordin Haji has defended himself over the withdrawal of high-profile cases.
Haji has recently been in the eye of the storm after Kenyans questioned the withdrawal of graft charges involving prominent figures in the country.
The DPP said the essence of dropping or withdrawing cases is a constitutional requirement where there is an abuse of processes.
"People are trying to portray that it is only these high-profile cases that we have withdrawn. The issue of withdrawal is not something that should be packaged in a certain way that we were just benefiting the high and mighty or for political reasons," Haji said.
"I can assure this committee, that is not the case. That decision is not made by me solely."
Haji made the remarks while appearing before parliament for vetting for the position of National Intelligence Service Director General.
He said the magistrate and judge have the final say when the ODPP appears before them.
The DPP added that the decisions made were based on the evidence presented and that Kenyans who are not contented can challenge the decision.
"The issue of withdrawal is a constitutional power that I was given. Nobody under the Constitution can come and question those powers. If anybody wants to question how that decision was made, there is the court of law," he said.
Haji added that his conscience will not allow him to oversee the miscarriage of justice.
"According to the statistics that I have here, In 2017 before I was even the DPP 11, 188 withdrawals were undertaken, in 2018-2019 there were 10, 600, in 2019 - 2020 there were 8,609, in 2020 - 2021 there were 18, 750 and in 2021- 2022 there was 25, 716," he said.
Haji argued the withdrawal of the cases rose because of the Covid period where there was a decongestion of remand prisoners who were petty offenders.
The DPP spoke on Tuesday when he appeared before National Assembly’s Defense, Intelligence and Foreign Relations Committee for vetting.
