On 21 November 2018, Director of Public Prosecutions Noordin Haji called for State officers facing criminal charges to step aside until their cases are concluded, saying continued access to office can frustrate prosecutions.
Speaking on Citizen TV, Haji argued that accused officials who remain in office may still control public resources and use that influence to pressure witnesses or weaken investigations. He said the problem is not limited to one arm of government, noting that national and county officials, parastatal bosses and Judiciary staff were among those facing different matters in court.
He said many of the cases involve corruption and economic crimes, while others are ordinary criminal charges. Haji also complained that some suspects had obtained court orders allowing them to keep working and continue receiving the benefits of office.
“My concern is that most of the still remain in office and worse off is that we have orders allowing them to continue enjoying office perks.”
Among the high-profile names he cited were Migori Governor Okoth Obado, Deputy Chief Justice Philomena Mwilu, National Land Commission chairman Muhammad Swazuri and Garissa Governor Ali Korane. Obado was facing murder, corruption and illegal guns possession cases. Mwilu had secured an order stopping her prosecution in a bank fraud case, while Swazuri was allowed to access his office despite fraud charges linked to the flawed SGR compensation payout. Korane was also in court over the attempted murder of a former finance executive.
Haji said he was particularly troubled that some of the accused were still appearing publicly and, in Obado’s case, had addressed an international forum despite the pending charges. He also criticised officials who were being considered for ambassadorial posts and asked to present credentials abroad while they still had active cases in court.
He said the Executive had largely complied with integrity expectations, but accused independent constitutional institutions of resisting the same standard. Haji added that the DPP would go to Parliament to seek changes to laws that he said shield suspects from accountability.
“What message are we sending to Kenyans. Our laws are clear that people need to step aside on integrity grounds,” he added.
Haji also said officers facing ongoing cases should not continue drawing salaries while their matters are unresolved. He proposed that such payments be withheld and released in a lump sum once the cases are finished.
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