Senators differ on Haji decision to withdraw multiple graft cases

Senators from the Azimio la Umoja Coalition and Kenya Kwanza have raised different views on the recent decision by DPP to withdraw certain court cases.

Defending Noordin Haji ‘s actions, Nandi Senator Samson Cherargei said the DPP has the right to withdraw any case that he believes cannot hold up in court.

Cherargei on Wednesday argued that the cases being withdrawn by the DPP lacked evidence and that is why they are collapsing.

"If the DPP has looked at the file and assessed it and it does not meet the standard that can go to court, then the DPP has the right to withdraw the case," Cherargei said at a local Tv station.

The second-term senator also claimed that most corruption cases under the retired President Uhuru Kenyatta's regime were politically motivated.

"For us, before Ruto was elected, we always used to insist that some of these cases are politically-motivated charges and that is why they cannot stand. The DPP is a prosecutor, he cannot take up a cooked up politically motivated case without facts,” he added.

Narok Senator Olekina Ledama, on the other hand, claimed that Kenya's criminal justice system is under state capture.

"Our criminal justice system is being remote-controlled because the DCI investigates... When the person who is supposed to prosecute, the DPP, goes out and throws these charges that the DCI has taken so much time to be able to investigate it really beats the purpose of having a criminal justice system," he said.

In his opinion, Ledama says it makes no sense for DPP to dismiss the graft cases, noting that the DCI consumed state  funds to conduct investigations into such allegations before relaying its findings to the ODPP for prosecution.

This week, DPP dropped graft cases against ex-KPLC boss Ben Chumo and 10 others and former Malindi MP Aisha Jumwa Sh19 million graft case.

In regards to Chumo’s case, the prosecution told trial magistrate Felix Kombo that the State does not wish to continue with the case, citing a lack of evidence.

Already three witnesses had rendered their evidence with only one remaining for the prosecution to close its case.

An attempt to withdraw the graft case facing former Samburu Governor Lenolkulal was declined as the court directed the prosecution to file a formal application for withdrawal.

Lenolkulal was facing a Sh80 million graft case.