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The prosecution of criminal cases in the country now hangs in the balance after the Director of Criminal Investigations George Kinoti yesterday directed investigating officers not to record statements in respect to any charges or give evidence in court.

In what appears to be a prolonged turf war between the Office of the Director of Public Prosecutions (ODPP) and the DCI, the order came just a day after Kinoti directed detectives not to write some statements or take fingerprints of accused persons.

The DCI boss had on Saturday asked investigating officers not to write statements under inquiry, which is a statement in the form of inquiry into an alleged crime where the police believe the suspect may be connected with the crime or has useful information regarding it. 

Yesterday, Kinoti said it would be difficult for police officers to appear in court to defend charges drawn up by somebody else other than themselves.

“The prosecutor who prepared, drew, signed and presented the charge will be the one to record a statement in respect to the charges and defend the same under oath during examination-in-chief, cross examination and re-examination,” Kinoti directed.

Kinoti maintained drafting of the charge sheet has been the mandate of the National Police Service, according to sections 89 (4) and (5), and 134 of the Criminal Procedure Code (CPC) provided that only a police officer or a Magistrate can draw, sign, and present a charge sheet before a court of law but not a prosecutor.

It follows an earlier directive to his officers not to write statements and take fingerprints of accused persons.

Kinoti is now calling on Chief Justice Martha Koome, Attorney General Kihara Kariuki and the National Committee on the Administration of Justice (NCAJ) to urgently intervene in the matter before it creates a crisis in the justice system.

Kinoti told investigating officers they should not write statements under inquiry, which is a statement in the form of inquiry into an alleged crime where the police believe that the suspect may be connected with the crime or has useful information regarding it. 

No investigating officer, Kinoti directed, will record a statement in respect to charges or give any evidence in respect to the same.

“The directives shall be followed with immediate effect. Any officer who declines these directives shall be held in contempt of court and shall be held personally responsible,” stated a signal signed by the Director of Investigations John Gachomo yesterday on behalf of Kinoti.

He further argued that there will be no “charge and caution” as it is the officer drafting the charges who is supposed to caution an accused person. A charge and cautionary statement is recorded when police have decided to charge the suspect with the offence.

In what may further paralyse charging of suspects in court, the detectives have been directed not to take fingerprints of accused persons.