BY SAM ALFAN.
Director of Criminal Investigations George Kinoti has disowned guidelines on terrorism cases launched by the Director of Public Prosecutions (DPP) Noordin Haji.
DCI boss George Kinoti and Anti-terrorism Police Unit (ATPU) Senior Superintendent of Police said they will be guided by the said guidelines in the investigation of terrorism and terror-related offenses.
Kinoti, through Senior Superintendent of police Martin Otieno of the Anti-terror police unit said the never received any letter from the DPP in regard to the said guidelines.
“The guidelines as stated are unconstitutional and the DCI shall never accede to being guided by the same in investigations of terrorism and terrorism offenses,” Otieno swore in an affidavit.
The guidelines state among other provisions that the Anti-Terrorism Police Unit (ATPU) should notify DPP before making any arrests.
Additionally, ATPU should also inform DPP when planning to apply for search warrants or detention orders against suspects.
While responding to a suit filed an activist Mamba Ocharo who has challenged the guidelines, Kinoti said the guidelines shall have a negative ripple effect to the war on terrorism worldwide and are meant to ridicule the functions of the security organs as laid down in the constitution.
He says DCI has an unmatched training facility-DCI academy which offers investigations courses that meet international standards to its officers and also has a fully-fledged legal department with experienced advocates of the High Court who guides the Directorate in legal matters.
Ocharo moved to court seeking to suspend the implementation of the guidelines pending the hearing and determination of his case saying DPP can only direct Inspector General of Police to investigate.
He claimed the guidelines were allegedly developed with a technical committee composed of the relevant criminal justice system actors. He further said the same was done by DPP arbitrarily without involving key players in the criminal justice system.
Ocharo argued that none of the investigative agencies recognized and mandated were invited to meeting to validate the guidelines.
“The ATPU are strangers to the alleged Technical Committee neither did they attend the said meeting that in which the stated guidelines emanated,” he argues.
In response to the suit, the DCI agreed saying the guidelines are casually and clandestine aimed at certain groups of people.
Through Senior Superintendent of Police Otieno DCI claims that the DPP can only direct the IG to investigate any information brought to his attention and not in his knowledge.
“The 5th and 6th Respondents(DCI and ATPU) disassociate themselves from the said regulations in totality and pray that the court puts an abrupt stop to its implementation from the nest interest of the country , its citizens , future generations and the ever-integrated global,” said Kinoti.
Kinoti says the intelligence gathered by the security organs is confidential and requires high level clearance for its access and dissemination of such sensitive matters of national security would jeopardize investigations.
Kinoti has expressly distanced himself with the formulation and validation of the stated guidelines and the same do not reflect the law arguing that if the court does not declare the guidelines unconstitutional, it will hinder and cripple the investigations on terrorism with ripple effect on the National Security.
According to Kinoti, Haji’s action of formulating guidelines in disguise of enhancing collaboration and cooperation on investigation of terrorism and terrorism financing is an act of indirectly micromanaging independent constitutional offices within the criminal justice system.