DCI BOSS CLAIMS SIGNATURES OF HIS JUNIORS WHO ‘ATTENDED’ DPP’S WORKSHOP ON CONTESTED GUIDELINES ARE FORGERIES.

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Director of Public Prosecution Noordin Haji and Directorate of Criminal Investigations Director George Kinoti.

BY SAM ALFAN.

Director of Criminal Investigations George Kinoti has disowned signatures allegedly appended by his officers for attending a workshop for the formulation of terrorism guidelines called by the Director of Public Prosecution.

In an explosive affidavit, Kinoti said that his officers never participated in the validation workshop and signatures being presented as persons who attended the workshop from his office are forgeries.

He said the signatures allegedly appended by DCI and Ant-Terror Police Unit officers on February 21 and March 2022 are forgeries.

“On January 17 and March 14 and 18 Chief Inspector Joseph Kipchumba did not attend any of the session as he had been recalled back to his station to attend to other pressing matters and on January 21 and 31, February 3 and March 30,2022 C. I Kipchumba did not attend some morning sessions “, Otieno adds.

DPP Noordin Haji had claimed two officers attached to the ATPU from the DCI attended the workshop.

But Kinoti through Director of the Anti-terror police Unit Martin Otieno says further investigations have established that that DPP equally forged the said officers’ residence entries in the hotel where the alleged workshop was taking place.

“It is a dishonor and abuse of power for an officer of the court to audaciously present criminally prepared and concocted evidence through deceit, fraud, making of false documents, forgery and uttering the same in desperate attempts to justify his course,” chief inspector Otieno said.

He states that a scrutiny of the said attendance list from some pages have noted discrepancies whilst capturing a hundred percent attendance list.

The DCI boss wants the guidelines quashed arguing that it shall have unwarranted implications on security organs of the nation.

Kinoti has reiterated that there is no known institution under the Kenya law that is legally empowered to tackle offences related to terrorism and financing of terrorism other than DCI.

He added that terrorism is an emotive issue and has a cross-cutting effect on other offences and the same cannot be regulated by such guidelines.

“The guidelines referred by the DPP affidavit are in relation to the prosecution of the respective offences and not on the investigation on the same and the recommendation 30 of the Financial Action Task Force (FATP) obligates law and policy makes to ensure that designated law enforcement authorities have investigative responsibility for money laundering and terrorist financing within the framework of national Anti-money laundering and counter financing of Terrorism (AML/CPT) policies,” adds DCI Kinoti.

He also added that the existing legal framework on investigations into terrorism, terrorism financing and related offences have adequately and efficiently catered for by the ATPU, and there is no gap that DPP or his office are purporting to regulate by enacting such ‘misguided guidelines’.

Kinoti further adds that the recent National Risk Assessment on terrorism threats in Kenya showed considerable advancement of mitigating factors on terrorism which is also evidenced by medium rating and has been greatly attributed to the effective deterrence measures deployed by DCI.

“Recommendation 31 of PATF further indicates that competent authorities conducting investigations into the offences under paragraph 11 should be able to use wide range of investigative techniques suitable for the investigation of money laundering, associated predicate offences and terrorism financing and DCI already has existung institutional guidelines and standard operating procedures providing for the best investigative techniques on terrorism and financing of terrorism adopted by Anti-terror Police Unit”, added DCI.

He adds that DPP are oblivious of the fact that investigative techniques cannot be explicitly adjourned in such guidelines as such is classified information that can only be utilized operationally internally.

“The requirement for declassification of our operations and mode of investigations as provided in the guidelines is tantamount to exposing police officers to operational risks with far reaching effect on the safety of the entire nation and assisting the terrorist suspect to escape the drag net, cover up evidence and aid in eliminating covert officers involved in the operations.

According to the DCI, Anti-terror police Unit in enforcing or exercising their investigative mandate relies largely on the intelligence or information disseminated or shared by the participation agencies as such the stated no-investigative agencies have no capacity to engage in guidelines drafting as their role is limited to intelligence provisions and not on investigation.

The joint Terrorism Task Force and National Counter Terrorism centre largely mentioned by DPP are independent entities who purely deal with analysis and not investigations on terrorism matters and neither are they authorities or experts to inform the participants on the investigation of terrorism matters as their role is equally complementary or supportive on analysis only.

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