Businessman Francis Njeru has petitioned the Public Service Commission to have the Director of Public Prosecution Nordin Haji removed from office over biasness.
Njeru complained that the DPP is biased, lacks impartiality, practices nepotism, favoritism, has improper motives, is corrupt and abuses his office.
He also said that the DPP is incompetent, full of prejudice, violates rights and fundamental freedoms, interferes with independence of the Judiciary, obstructs and delays in administration and dispensation of Justice and breaches the law.
He added that the DPP has also violated chapter 6 of the constitution of Kenya.
Njeru’s fight with the DPP stems from the ownership wrangles surrounding LR number 20273 located along Mombasa road at Kyang’ombe village, Embakasi which he acquired in 2005.
H e said in 2016, strangers invaded his property and identified themselves as China Road and Bridge Corporation who said they had leased the property.
Njeru said he moved to court in ELC case No..766 of 2016 and sued China Road and Bridge Corporation.
On 8th July 2016, the courts ruled in his favor, but the encroachers did not leave.
Njeru added that on 28th June 2018, ARJ Capital wrote to court to be enjoined in the case and claimed to have leased the land to China Road and Bridge Corporation.
However, on 2nd April 2019, the court declined a request made by ARJ properties to be enjoined in the case and ordered the DCI and DPP to prosecute the directors of ARJ capital.
After investigations, the DCI concluded that ARJ Capital directors and Fleet logistics limited be charged in court.
Subsequently, two directors of ARJ Capital limited namely Ahmed Rashid and Farrah Ali were charged in criminal case number 2114 of 2019 for conspiracy to defraud contrary to section 317 of the penal code, making false document contrary to section 347 (a) as read with 349 of the penal code, obtaining registration of land by false pretenses contrary to section 320 of the penal code, forcible detainer contrary to section 91 as read with section 36 of the penal code.
Njeru said that the DPP made an application to court through Magistrate R. Angayo for withdrawal of all charges preferred against the directors of ARJ capital limited.
On 4th Match 202, Njeri objected to the withdrawal and was granted orders by the court that the case goes on.
He said that despite the court saying the case should go on, DPP Nordin Haji preferred a revision on the ruling of the subordinate court before Justice Ogembo Ogolla in criminal Revision E027 of 2020.
He added that on the 11th November 2020, Justice Ogembo refused the application by finding that the DPP intention of withdrawing the criminal case before the subordinate court was not done in in public interest of Administration of Justice and the need to avoid the abuse of the legal process.
On 14th December 2020, DPP Haji through prosecution counsel Riungu sought a review of orders made on 4th day March 20202 and said the DPP would not prosecute the matter through express instruction.
The DPP insisted the matter be withdrawn.
He asked the court not to interfere with his independence.
The court further declined to have the matter criminal case number 12144 of 2019 withdrawn in a ruling on 3rd February 20201.
In the petition, Njeru said DPP Haji has refused to have Ahmed Rashid Jibril, and Farah Ali Mohamed charged because they are his close relatives by being cousins.
Despite seeking private prosecution, the DPP has vehemently opposed to the two being charged in court.
Lawyer Danstani Omari who is also repenting Njeru, said the DPP is the weakest link the fight against corruption.