The row between the Directorate of Criminal Investigations (DCI) boss, George Kinoti, and the Director of Public Prosecution (DPP), Noordin Haji, has escalated, months after the two called a truce.
Kinoti has lodged an appeal to have Haji arrested and charged with forgery.
In a fresh battle for supremacy, DCI Kinoti has accused the DPP of allegedly forging the attendance list of the Terrorism and Terror Financing Act stakeholder forum held in March 2022.
The case follows an affidavit sworn by the Director of the Anti-Terror Police Unit (ATPU), Martin Otieno, claiming that the DPP doctored the documents on diverse dates between February 21 and March.
Kinoti further alleged cases of tribalism and nepotism in selecting a consultant involved in drafting the guidelines for the Terrorism and Terror Financing Act.
In the affidavit, DCI is pushing to have some issues to be set aside including the requirement for declassification of their operation and mode of investigations as provided in the guidelines which he stated are tantamount to exposing police officers.
DCI filed the suit after the DPP released a statement blaming him for the flopping of the multibillion case against businessman Humphrey Kariuki, who was facing a Ksh41 billion tax evasion suit.
The suit was thrown out by High Court Judge, Anthony Mrima.
DPP lamented that DCI made a mistake by preparing the charge sheet which his office is not constitutionally mandated.
"In the petition, the petitioners (Humphrey Kariuki and his two companies) contended that the charge sheet instituting the criminal charges emanated from the Director of Criminal Investigations whereas the Constitution requires all criminal prosecutions to originate from the Director of Public Prosecutions," DPP stated.
In an attempt to address the confusion and supremacy wars, DPP noted that his office will continue collaborating with other agencies as stipulated by the law to avoid losing cases on unconstitutional grounds.
"In the discharge of its constitutional mandate of exercising state powers of prosecution, the ODPP has always made the decision whether or not to prosecute, approved, and signed charge sheets in accordance and compliance with the relevant laws and Judgements of the Superior Courts.
"It has never and will never be the intention of the ODPP to execute the mandate of any other agency and any impression to the contrary created by persons with ulterior motives to undermine the criminal justice system," a statement from DPP read in part.
