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Crime fighting duo seeks Kenya's first top-level graft conviction

News Service
13:46 - 26/07/2019 Friday
Update: 13:47 - 26/07/2019 Friday
REUTERS
Kenya's Director of Public Prosecutions (DPP) Noordin Haji
Kenya's Director of Public Prosecutions (DPP) Noordin Haji

THEFT AND BLOOD

Haji trained as a lawyer, but after a short stint as state counsel in the attorney general's office he moved to the National Intelligence Service. He worked undercover against Islamist militants and before becoming deputy director for organised crime.

That's where he began working with Kinoti, he said, supplying him intelligence for investigations into organised crime. Haji said he was impressed with Kinoti's work ethic and hands-on management.

Both men understand that corruption kills, he said. It helped al Shabaab militants kill 21 people at the Riverside office and hotel complex in January. They bought fake car license plates, and some had multiple identity cards, Haji said.

He has seen bloodshed like that firsthand. He was among the shoppers who barricaded themselves into bathrooms when al Shabaab stormed the Westgate mall in 2013, killing 67 civilians.

Haji called his boss to feed him information about the weapons they were using, but said the response was problematic because Kenya's security agencies weren't working well together.

Security footage showed soldiers looting shops as dead civilians lay in pools of blood. No one has been fired or prosecuted for the looting.

"Corruption exacerbates everything," Haji said, his face falling into the stern lines familiar from press conferences. "It made the terrorists able to exploit our witnesses in Kenya very easily. It let criminals operate with impunity."

He became prosecutions chief because he was tired of observing problems with no chance to fix them, he said.

"With intelligence ... you can only advise or warn," he said. "You don't have the executive powers."

MINISTER CHARGED

Kenyan ministers have been charged before. A former water minister was accused of abuse of office in 2010. The investigating body was disbanded; he died in bed aged 77.

In 2015, two former finance ministers were charged after hundreds of millions of dollars were paid to foreign companies, including the British firm Anglo Leasing Finance, for services ranging from passports to naval ships and forensic laboratories. Nothing was delivered. The court cases are still ongoing.

Government officials say such cases are complex, the courts overburdened and evidence often tampered with. Campaigners say it's a matter of political will.

Kinoti and Haji hope for a quicker resolution to the case against Rotich and 25 others, including an Italian construction boss.

A specialized anti-corruption court is now hearing the case, although other judges had delayed the investigation, Kinoti said.

"They refused us warrants," he said. "By the time we are succeeding, the documents have ... disappeared."

Haji said such delays should be less of a problem when 15 more anti-corruption courts become operational by the end of the year.

Many Kenyans, however, won't believe there's a war on graft until they see top officials in jail, said Boniface Mwangi, an anti-corruption campaigner who has been arrested more times than he can remember.

"We've seen high-level arrests," he said. "Give us convictions, and then we will start to celebrate."

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5 years ago