Nairobi — Attorney General Nominee Justin Muturi has refused to give his stand on the move by Director of Public Prosecutions (DPP) Noordin Haji to drop a litany of cases last week, a scenario that has raised eyebrows.
Muturi said it will be premature to give positions on the dropped charges given that the reasons for that move have not been made public.
He was answering to a question raised by Minority Whip Rober Mbui while appearing before the National Assembly appointment committee on Monday.
“Since the reasons of actions taken by DPP were not made public it will be premature to start ascribing particular position on those dropped charges,” he said.
He however pointed out it is well within the law for the DPP to drop the charges as stipulated in Article 157 of the constitution.
“The DPP is best placed to respond to this because the reason are only known to him,”the Former Speaker stated.
The recent withdrawal of multiple high-profile cases by the Office of the Director of Public Prosecutions (ODPP) has evoked mixed reactions amid speculation over possible meddling.
While some have questioned the timing of the dismissal of suits most of which involve close associates of President William Ruto, others have defended the move, claiming that some of the allegations were fabricated by the regime of former President Uhuru Kenyatta for political reasons.
The country was thrown into a frenzy on Wednesday when the Director of Public Prosecutions Noordin Haji dropped some cases pending completion of respective trials.
Matters dropped include a graft case against Public Service Cabinet Secretary nominee Aisha Jumwa and former Kenya Power boss Ben Chumo.
Article 157 (8) of the Constitution (2010) allows Director of Public Prosecutions to discontinue a prosecution with the permission of the court.
The Constitution further provides that the DPP can “discontinue at any stage before judgment is delivered any criminal proceedings” instituted by his office.
Further, Article 157 (10) dictates that the Director of Public Prosecutions 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.
Other than the Sh19 million graft case against former Malindi MP Aisha Jumwa, the DPP discontinued prosecution against 10 other persons in the Chumo case.