DCI Boss Kinoti terms DPP's guidelines on terrorism as illegal

The DCI says that he is the director and chief principal in regards to enforcement and investigation of terrorism and terrorism related cases.

“The 5th and 6th Respondents disassociate themselves from the said regulations in totality and pray that the court puts an abrupt stop to its implementation from the next interest of the country, its citizens, future generations and the ever-integrated global,” reads court papers.

While responding to a case challenging the said guidelines, Kinoti says that the guidelines are casual and clandestine, aimed at certain groups of people.

He says that the DPP can only direct the Inspector General of police to investigate any information brought to his attention and not in his knowledge.

In an affidavit, DCI Kinoti says the guidelines shall have a negative ripple effect to the war on terrorism worldwide, adding that the guidelines are meant to ridicule the functions of the security organs as laid down in the constitution.

The DCI in his response to a case filed by activist Memba Ocharo says that the guidelines are unconstitutional and that the intelligence gathered by the security organs is confidential and requires high level clearance for its access and dissemination of such sensitive matters of national security would jeopardize investigations.

According to the directive, the ODPP is supposed to be notified before making any arrests and prosecution of terror regarding terrorism. 

In the case Memba Ocharo argues that guidelines are discriminative in nature as they apply to only the crime of terror and not any other serious crime or offence.

“Pending the hearing and determination of this application and petition, this honorable court be and is hereby pleased to issue a declaration that the continuance implementation of the inter agency guidelines on cooperation and collaboration in the investigation and prosecution of terrorism and terrorism financing is unconstitutional and as such invalid,” reads court papers

Through lawyer Danstan Omari, Ocharo claims that the guidelines namely the inter-agency guidelines on cooperation and collaboration in the investigation and prosecution of terrorism and terrorism financing 

The decision by the DPP does not concur with public interest or national security values and is a deliberate effort to circumvent justice through the abuse of office.

“The said power does not extend to him receiving reports and permitting the charging of criminals,” he says in court documents.

According to the guidelines set by the ODPP, state agencies, and civil society, the Anti-Terror Police Unit must notify the prosecutor when the unit is gathering evidence against a suspect and intending to make an arrest, unless there are exceptional circumstances.