Haji, Kinoti tussle over fresh rules

The rivalry between Director of Criminal Investigation (DCI) George Kinoti and Director of Public Prosecutions (DPP) Noordin Haji has resurfaced with the county’s top detective now disassociating himself from terrorism guidelines launched by the prosecutorial agency.

Kinoti, together with the Anti-Terrorism Police Unit (ATPU), said in court documents that they shall never accede to being guided by the said guidelines in the investigation of terrorism.

The guidelines launched by DPP state the ATPU should notify DPP before making any arrests.

Additionally, ATPU should also inform DPP when planning to apply for search warrants or detention orders against suspects. An activist moved to court to challenge them claiming that none of the investigative agencies recognised and mandated by the laws of the Republic of Kenya was invited to the said meeting and as such their non-attendance was apparent.

Through lawyer Danstan Omari, activist Memba Ocharo, claimed the developed guidelines were allegedly developed with a technical committee composed of the relevant criminal Justice system actors; yet the same was done by DPP arbitrarily without involving key players in the criminal justice system.

He sought an order to suspend the implementation of said guidelines pending the hearing and determination of his case saying DPP can only direct the Inspector General of Police to investigate.

Kinoti in response to the suit claims he is the director and chief principal in regards to the enforcement and investigation of terrorism and terrorism related cases.

“The ATPU are strangers to the alleged Technical Committee neither did they attend the said meeting that in which the stated guidelines emanated,” he argues.