A businessman in Mombasa told the court that the Director of Public Prosecution (DPP) Noordin Haji threatened him with a gun and stole Ksh2 million from him during a raid at Reef Hotel two years ago.
City Tycoon narrates how DPP Haji threatened him with a gun
Tycoon accuses DPP of gross misconduct
Haji who was then an intelligence officer with the National Intelligence Service and several policemen raided the hotel on claims they were searching for drugs, according to the businessman.
Stephen Vicker Mangira alleged that Haji exercised illegal powers as an intelligence officer by purporting to arrest and search him without just cause.
“I accuse Mr Noordin Haji and Hamisi Salim Masha of jointly stealing Sh2,100,000... pointed a gun at my head and conducted a search on my person,” Mangira testified.
According to Mangira the raid happened just months before Haji was appointed as the DPP last year.
The businessman testified that Haji, not only snatched car keys from him but also rejected pleas not to touch the vehicles with money and forcefully, opened the car and bags which had money.
He told the court that police doctored the inventory of goods seized from him to reflect a fraction of the actual money found in the search.
Can't be sued
Mangira urged the court to bar Haji from prosecuting his case due to the conflict of interest in the suit.
Through his lawyer Kinyua Kamunde, Mangira sued the DPP and other state officers including the head of the anti-narcotics unit Dr Hamisi Salim Massa for malicious prosecution.
Kamunde claimed that Haji broke the NIS Act by purporting to act as a police officer and searching his vehicle without a warrant from a judge.
However, the Attorney General opposed the application on the grounds that the DPP and Masa cannot be sued in their personal capacities for acts they performed as a state officers acting in good faith.
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