DPP Nordin Haji dealt big blow in attempts to withdraw criminal charges against CS Aminas brother
DPP Nordin Haji has been dealt a big blow after he attempted to withdraw criminal charges agansnt Sports CS Amina Mohameds brother.
Last Friday, High Court Judge Ogembo Ogola dismissed an application by the DPP seeking to withdraw criminal charges against Ahmed Jibril and Farah Ali Mohamed.
The mater is criminal case number 2144 of 2019 republic vs Ahmed Jibril and Farah Ali Mohamed.
Ahmed Jibril is Brother to Sports CS Amina Mohamed.
Justice Ogembo ruled that the DPP is constitutionally bound to exercise his powers of withdrawal of criminal cases having regard to the 3 elements of public interest, interest of administration of Justice and the need to avoid abuse of the legal process.
“Considering the circumstances of his case, as above, I am not convinced that the action of the applicant of withdrawing the criminal case before the subordinate court are in furtherance of these 3 constitutional objectives. Justice can only be done and be seen to be done if the criminal case before the lower court can proceed in the normal manner,” the Judge ruled.
Last month businessman Francis Njeru accused the DPP of bias and favoritism in the case.
The DPP through Gitonga Riungu, an assistant DPP, in a letter dated March 12, 2020, wrote to the deputy registrar of the High applying or revision of a case at Milimani Chief Magistrate court.
“I must say from the onset that I find this to be one of those cases that have paradoxical elements. I say this because in ordinary criminal proceedings, one would expect the prosecution (the office of the Director of Public Prosecution) side pulling in the same direction as the complainant. In this case, the two seem to be pulling in different directions. Instead, the prosecution side seem to be on the same side as the accused,” Judge Ogembo faulted the DPP.
Njeru has sued the two for fraudulently acquiring his land valued at shs 150 million.
Njeru said the DPPs move is aimed helping the accused persons to evade justice by appealing the ruling of the magistrate’s court which ruled that the case must continue to its logical conclusion.
Nairobi Magistrate Roseline Anganyo rejected an attempt by the DPP to terminate the case against the two, ruling that the case was of great public interest since it involved land fraud.
Both Njeru and Jibril in recent media reports have been quoted to be claiming ownership of the prime land located along Mombasa road.
The land is located at Nairobi Inland container depot and measures 4 acres.
The dispute started in 2016 when Njeru sued China Road and Bridges Corporation for trespassing and taking over the land without his permission and knowledge.
It was discovered during the hearing that the Chinese Company leased the land from ARJ Capital limited who claimed that they were the registered owners of the land.
However, the court found that the company’s title was forged and ordered the DCI to investigate how they acquired it.
Company’s directors Ahmed Rashid Jibril and Farah Ali Mohamed were the culprits behind leasing the land to the Chinses Company.
The two were subsequently charged with six counts of conspiracy to defraud, making false title documents, obtaining the lands registration by false pretense, and refusing to surrender the land to its owner.
According to the charge sheet, Jibril and Mohamed allegedly attempted to defraud Njeru of his land by making a fake title in the name of ARJ Capital limited, purporting it to be a genuine and valid land title issued by a land registrar.
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