The supremacy war between the Director of Criminal Investigations George Kinoti and the Director of Public Prosecutions (DPP) Noordin Haji has escalated as the former now accuses the latter of forgery.
In a matter brought to the attention of a Nairobi court on Monday, May 30, 2022, the DCI boss wants Haji arrested and prosecuted over alleged perjury.
It's alleged that the Director of Public Prosecutions (DPP), while organising a meeting for stakeholders to deliberate on the newly formulate guidelines on Terrorism and Terror Financing Act, forged the attendance list to include the names of two sleuths who didn't attend the session that took place on diverse dates between February 21 and March this year.
In an affidavit sworn by Martin Otieno, the Director of Anti-terror Police Unit (ATPU), Kinoti alleges that the DPP also forged the officers' residence entries in the hotel where the meeting took place.
While poking holes into the guidelines, Kinoti claimed that the DCI, despite being the leading investigative agency, was underrepresented throughout the formulation of the document.
The DCI further alleges that the consultant expert involved in drafting the guidelines was not qualified and only landed the job due to his relations with the DPP.
He wants the guidelines set aside as they would expose detectives to operational risks.
Notably, the guidelines require detectives to, at all times, declassify their operation and mode of investigation, a move Kinoti argues would help terrorists escape the police dragnet easily.
The latest comes even after it emerged early this week that Kinoti had directed investigating officers not to record statements in respect to any charges or give evidence in court.
Kinoti Dealt Blow in Court
The DCI boss issued the directive in protest of a recent court ruling that barred the police from preferring criminal charges against suspects in court.
In a judgment delivered last week, the High Court ruled that though the roles of the investigator and the prosecutor are complimentary, the decision to charge rests with the DPP.
The judgement was hailed by lawyers as “a solution to taming some of the rogue investigative agencies that either come up with weak cases or framed up charges.”
The DPP has, however, asked Kinoti to lodge an appeal if he is dissatisfied with the judgement.