The Supremacy battles between the Director of Public Prosecutions and the Director of Criminal Investigations (DCI) has now moved to court with the DCI now demanding for probing and prosecution of Noordin Haji for alleged perjury and fraud during consultative meetings to formulate guidelines on terrorism.
In an affidavit sworn by Director of the Anti-Terror Police Unit Martin Otieno, the DCI boss George Kinoti claims that the DPP, while organising a meeting for stakeholders to discuss the newly formulated guidelines on Terrorism and Terror Financing Act, forged the attendance list to include names of two detectives who did not attend the meetings on diverse dates of 21st February and March 2022.
The DPP is also accused of equally forging the said officers’ residence entries in the hotel where the workshop was taking place.
Kinoti also alleges that the consultant expert involved in the drafting of the guidelines was not qualified and that he was selected due to his relation with Haji.
The DCI who wants the guidelines set aside has raised a number of issues in the guidelines among them the requirement for declassification of their operation and mode of investigations as provided in the guidelines which he says is tantamount to exposing police officers to operational risks with far reaching effect on the safety of the nation and allegedly assisting the terrorist suspect to escape the drag net, cover up evidence and aid in eliminating officers involved in the operation.
Kinoti says the taskforce as constituted was comprised of a majority of non-investigative agencies who lacked the expertise or technical knowledge in investigation of terrorism and financing of terrorism.
The DCI says as a lead agency they were underrepresented through out the formulation of the guidelines with only two of their officers in attendance as opposed to 12 participants from the office of the Director of Public Prosecutions.
The move he says was a pre-conceived plan of formulating and validating the guidelines in exclusion of critical persons in the criminal justice system. They say the DPP is hell-bent to seize the mandate of other agencies to the detriment of the best interest of the country.
On his part, the DPP in a terse statement over the standoff between the two offices on suspect processing told DCI to stop absconding his investigative duties and instead appeal against the high court ruling directing his office to draft charge sheets.
Haji said that the Judgement of the High court is a reinforcement of previous Judgements delivered by Superior Courts on the issue of the exercise of prosecutorial powers.
The DPP who has already rolled out a new charge sheet has asked aggrieved parties to seek legal redress and assured all that he will collaborate with the office of the Inspector General of Police before undertaking any measures which might have far-reaching implications on the administration of Justice.