The Director of Public Prosecutions (DPP) Noordin Haji has dismissed claims that his office was used to settle political scores in the Kimwarer and Arror dams’ scandal. He said that the dams’ cases have nothing to do with targeting allies of Deputy President (DP) William Ruto.
“The Treasury has always been or perceived to be under the President himself. Rotich was appointed by the President. As far as I am concerned, he was not the Deputy President’s ally. He was brought there by the President. The Arror and Kimwarer was a national project, it is not about the Deputy President. It is about a national project that was applied wrongly. It is about commercial loans taken to the detriment of the Kenyan people,” said Haji.
The dams scandal saw the arrest and subsequent prosecution of former Treasury CS Henry Rotich, PS Kamau Thugge and 26 other government officials.
The officials are facing various charges among them abuse of office and conspiracy to defraud. However, speaking during an interview on K24 TV on Sunday, Haji explained that scandal was under Treasury which is under the President himself.
“Treasury is not DP's office and Rotich was appointed by the president,” he added. The DPP further dismissed claims that it favours proponents of the Handshake while undertaking prosecution of criminal matters.
Haji insisted his office has remained impartial while executing its mandate contrary to the views of a section of politicians. The DPP gave an example of Busia Governor Sospeter Ojaamong, a strong supporter of the Handshake whom they want convicted of corruption charges.
A corruption court on May 29, 2020, ruled that Ojaamong and eight others facing a Sh8 million graft case have a case to answer. “If you look at the case of Governor Ojaamong, he has been put on his defence because of the evidence we have presented. Kenyans will see eventually that we have a watertight case,” he stated.
He assured that his office is not politically inclined when executing its mandate. “I am not political and I don’t care what they (politicians) do out there. Yes there is political pressure on me, investigators and even the judiciary but we are not selective in our work,” he added.
He said Siaya governor Cornel Rasanga, also supporter of the Handshake, was never taken to court to face corruption charges since his office could not meet the threshold to charge him.
“We do our work as prosecutors diligently. We largely depend on the evidence before us,” he explained. Elgeyo Marawet Senator Kipchumba Murkomen had accused the ODPP of letting Rasanga go since he is a supporter of the Handshake- a truce between President Uhuru Kenyatta and ODM leader Raila Odinga that ended violence after the disputed 2017 elections.
Haji said the Ethics and Anti-Corruption Commission forwards files which he looks at them and decides whether to press charges.
“Murkomen should be the DPP because it seems he has more evidence than me,” he added.
He said the low number of convictions do not mean that the war against graft is not being won. “Conviction is only one element. You need to remember that we have recovered proceeds of corruption and in the process of prosecuting disrupted graft activities,” he added.
He noted that there are 317 pending corruption cases with Sh3.5 billion recovered since January 2018. “Since January 2018, there have been 98 convictions and 106 acquittals representing a 48 per cent conviction rate,” he stated.
