An activist has sought to quash the move by Director of Public Prosecutions (DPP) Noordin Haji to give clemency to politicians facing graft cases during the political season.
Charles Rubia in his court papers says the DPP has violated the constitution and has stifled the fight against graft.
Through lawyer Danstan Omari the activist has also accused the DPP of bias and favouring the political class by declaring the he will not prosecute politicians over corruption related offences.
Mr Rubia’s action is mooted by a publication linked to the DPP in a section of the media on April 11 declaring he will not commence any criminal proceedings against the politicians, a move seen as discriminatory and against one of President Uhuru Kenyatta’s big four agendas to fight graft.
Mr Rubia argues that the directive is a blow to the fight against corruption in the country and it will impede the dissemination of justice.
The activist also accuses the DPP of acting for his own interest and abusing his powers.
Rubia is asking the court to act swiftly since Haji has arrogated the sole duty of clearing those to be charged yet he has a workforce of over 2,500 qualified state prosecutors who can sanction criminal trials.
Mr Omari who is teaming up with lawyer Martina Swiga states that the over 5,000 investigated cases are still awaiting action at the DPP’s office.
Amongst other investigated cases awaiting the DPPs approval for prosecution are Covid-19 millionaires who allegedly looted Kenya Medical Supplies Authority (Kemsa).
As a consequence, Mr Rubia wants the court to declare the decision not to charge politicians over graft during the campaign period invalid and unconstitutional.
He also wants the DPP to be suspended and to step down pending investigations into the legality of his utterances, his personal interest and participation in the proceeds of graft.
In the suit Rubia has sued Haji, the National Council on Administrative Justice (NCAJ) chaired by the Chief Justice Martha Koome, Ethics and Anti-Corruption Commission (ECC), Public Service Commission, Directorate of Criminal Investigations (DCI) and the National Police Service.
He has also named the Independent Electoral and Boundaries Commission (IEBC), Assets and Recovery Agency (ARA), Kenya revenue Authority and the National Treasury of Kenya as interested parties.
“Haji is encouraging the nation to look the other way blindly as politicians loot this country owing to this gracious immunity granted to them until the elections are over,” states Rubia in his supporting affidavit.
The activist is challenging the DPP to present before court the law which mandates him to discriminate in favour of politicians aspiring for leadership positions.