- The family of late Tob Cohen is accusing the DPP of mishandling other cases among them Direct Line Assurance Limited and the Kenya Medical Supplies Agency (KEMSA) case.
- “The DPP Public Haji lacks all requisite experience as provided for under Article 157 (3) Constitution of Kenya, 2010,” reads the petition.
The family of the late Dutch tycoon Tob Cohen on Wednesday filed a petition, seeking the removal of DPP Noordin Haji from office.
Cohen’s sister – Gabriel Hannah Van Straten is accusing DPP Haji of mishandling the murder case of his brother.
In documents seen by TV47 Digital, the family wants Haji’s removal on grounds of bias, partiality, disregard to the rule of law, obstruction of justice and abuse of office.
Further, the family is accusing DPP Haji of interefering with mandate of the office of the DCI, non-compliance of Chapter Six of the Constitution, incompetence, and lack of qualification to hold the office.
Cohen’s murder case is taking a new twist after DPP Haji declined to charge Court of Appeal judge Sankale ole Kantai over the murder.
In papers filed before the High Court, Haji says that after a review of the file forwarded to him by the DCI, he established that the evidence gathered were mere suspicions and assumptions. Haji said that the evidence gathered by detectives had not placed the judge in the murder plot.
“It was evident that no inference of guilt could be drawn against the petitioner herein as the circumstantial evidence did not satisfy the requisite requirement and consequently, the same could not form the basis of preferring criminal charges against the petitioner,” he said.
The family, however, insists that the DCI proved that the judge was involved with the widow of their kin, and was also involved in the murder.
“Director of Public Prosecutions is operating openly with impunity by protecting persons that are perceived as influential or high in social status such as Justice Sankale, a clear indication of abuse of office and misuse of power on his part,” reads the petition in part.
“DPP does not serve the best interest of justice for the victims of the late Tob Cohen; the greater public good and more so, an invasion to the freedom and independence of the office of the DCI who is lawfully empowered to detect crime, investigate it and bring the perpetrators to face the consequences of their actions,” the petition adds.