Haji successor must inspire public trust
By Editorial.Team, June 15, 2023The Office of the Director of Public Prosecutions is anchored in Article 157 of the Constitution. The law decidedly protects the office which is supposed to be independent.
The founding statute is clear that the DPP must not be subject of direction from any other office. Unlike in the old order, the threshold for qualifications of the holder of the office has been raised to ensure competence and foster public confidence in the institution.
Kenya’s Constitution stipulates that the qualifications for appointment are the same as those of a judge of the High Court. The Supreme law is also clear that the DPP shall have power to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct and the Inspector-General shall comply with any such direction. The DPP is mandated to institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed.
The Article states that the DPP shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority. It is clear that in exercising the powers conferred by the Article, the DPP shall have regard to the public interest, administration of justice and the need to prevent and avoid abuse of the legal process. Those familiar with the history of our country can discern that the new architecture of the office was tailored to shield it from abuse by the powerful political interests.
As the country prepares to appoint a new DPP, Kenyans must reflect on the issues that are being raised on the conduct of outgoing office holder. Noordin Haji has been on the defensive over accusations that he has been dropping graft cases touching on powerful individuals in the Kenya Kwanza administration. His main argument has been that the evidence presented by the Directorate of Criminal Investigations could not sustain the prosecution of the cases. Haji has also advanced the view that the law gives the DPP powers to exercise discretion to terminate cases. It is because of this controversy that we ask the relevant authority to ensure that the next DPP inspires public confidence, demonstrates independence and act in public interest.