DCI's Powers Drastically Reduced in Landmark Ruling Favouring DPP

  • Acollage of DCI Boss George Kinoti (l) and DPP Noordin Haji
    A collage of DCI Boss George Kinoti (l) and DPP Noordin Haji.
    Kenyans.co.ke
  • The Directorate of Criminal Investigations' (DCI's) powers in investigating offences and apprehending offenders have been tremendously reduced after a landmark ruling by the High Court that also boosted the Office of the Director of Public Prosecution (DPP). 

    An internal memo dated Saturday, May 28, and authored by the DCI's head of investigations John Gachomo, detailed how detectives would comply with the ruling delivered by Justice Anthony Mrima

    Kinoti noted that the judge had kicked out a petition filed by his office to challenge a declaration by Haji that only his office and not the National Police Service had the authority to draft charge sheets. 

    Director of Criminal Investigations George Kinoti addressing journalists at DCI headquarters along Kiambu Road on Thursday, March 5, 2020
    Director of Criminal Investigations George Kinoti addressing journalists at DCI headquarters along Kiambu Road on Thursday, March 5, 2020
    Kenyans.co.ke

    In compliance, he announced changes in the investigation of cases and suspects, among them that officers will no longer make a statement of enquiry on any case.

    "Our work has been reduced to only forwarding our investigations to the DPP, we hereby direct that in absence of a charge, no statement under inquiry for one can only inquire into a charge," read the letter in part.

    Investigating officers have further been asked not to charge or caution for that mandate now lies with the ODPP. In addition, men in uniform have been barred from obtaining fingerprints of suspects without the presence of a charge sheet.

    "Suspects' fingerprints shall not be taken if the purpose of fingerprints is to identify the suspect with the charge for records by the Principal Criminal Registrar," Kinoti directed.

    In addition, cops have been ordered not to make covering reports. The DCI boss cautioned that officers who contravene the court order will be deemed to have broken the law.

    "The said directives shall be followed with immediate effect: any officer who declines them shall be held in contempt of court and shall be held personally responsible," the letter read in part. 

    Notably, Kinoti pointed out that NPS's independence in probing offences may be compromised through the ruling, but awaited further guidance on the matter.

    On May 23,  the DCI differed over DPP Haji push to have the DCI notify the prosecutor when investigating suspects.

    He claimed that he was the one mandated with the investigation of terrorism and related acts, arguing that Haji could only ask IG to investigate any information brought to him that was not Known to the DCI.

    File Photo of Director of Public Prosecution Noordin Haji during past media forum
    File Photo of Director of Public Prosecution Noordin Haji during past media forum
    File
    terrorism suspect