DPP Accused Of Failing To Prosecute Havi For Swearing False Affidavit In Miguna Miguna Saga

DPP Noordin Haji (L) and Nelson Havi(R).
DPP Noordin Haji (L) and Nelson Havi(R). [Photo/ Courtesy]

The Director of Public Prosecutions (DPP) Noordin Haji is on the spot for failing to prosecute the Law Society of Kenya (LSK) President Nelson Havi for perjury in Miguna Miguna case.

According to an investigative report by the Directorate of Criminal Investigations dated May 7, 2018, Havi swore a false affidavit for Miguna alleging that his passport had been confiscated by the government of Kenya.

The investigation found that Miguna travelled to Kenya on March 26, 2018 using his Canadian passport, but failed to produce his travel documents at the Jomo Kenyatta International Airport (JKIA) for clearance.

Instead, Miguna produced his Kenyan identity card and a copy of a court order which he said are the only documents he used to book and board the flight.

At the diplomatic counter for clearing, Miguna insisted that he should be cleared using his Kenyan national identity card since he is a Kenyan.

“No passport was confiscated from him since he refused to produce (it). That is the reason that he was not cleared and (he) forcefully dashed past the immigration counter to the carousel to take his luggage,” the DCI said in their report.

He was later arrested and detained at the airport.

In his reverse trip from Dubai to Canada, Miguna ‘miraculously’ used his canadian passport to travel back to Canada.

“If indeed the passport was confiscated in Kenya then how did it come into his possession again to use it in his reverse trip as claimed by Nelson Havi. We have found that there is no truth in the allegations by Nelson Havi because when he was summoned by the investigators on the 24th day of April 2018, apart from refusing to attend at DCI Headquarters he tormented the investigator who summoned him with further allegations,” added DCI in their report.

DCI had recommended that Havi be charged for swearing a false statement (offence of perjury) contrary to Section 108 (1) (a) as read with Section 110 of the Penal Code.

The DPP has neither prosecuted Havi for the false affidavit, neither has he responded to the report which they received on May 7, 2018.

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