The Director of Criminal Investigations George Kinoti has rubbished the terrorism guidelines by the Director of Public Prosecutions Noordin Haji, saying he will never subscribe to them.
In an affidavit filed in court, Kinoti through chief inspector Martin Otieno said he was never consulted during the process of coming up with the guidelines.
“The guidelines as stated are unconstitutional and the DCI shall never accede to being guided by the same in the investigations of terrorism and terrorism offences,” the affidavit reads.
Kinoti said they have the best training academy for the terrorism but they were never consulted.
The DCI said they were only made aware of the validation and the launch of the guidelines on social media through a press release by Haji, without prior notification to him as the principal enforcer of the law on terrorism.
“I wish to state that guidelines are casually and clandestinely aimed at certain groups of people and this in the DCI’s view shall invite public disharmony as the regulations is devoid of the interest of Kenyans,” Otieno said.
He said DCI office and the Anti-terror Police Unit disassociates themselves from the said regulations.
They have asked the court to put an abrupt stop to its implementation for the best interest of the country, its citizens, future generations and the ever-integrated global.
“If the court does not declare the guidelines unconstitutional, we contend that it will hinder and cripple the investigations of terrorism with ripple effect on the national security,” Kinoti said.
In case an activist moved to court challenging the terrorism guidelines arguing that they are discriminatory, the DCI, DPP and the ATPU have been listed as respondents.
Otieno said the DCI is the lead investigative agency of all criminal matters in the republic.
He said they are mandated to collect and provide criminal intelligence, undertake investigations on serious crimes including homicide, narcotic crimes, human trafficking, money laundering, terrorism and cyber-crime.
Kinoti said the DPP developed guidelines with a technical committee comprised of relevant criminal justice actors but the Terrorism Act gives the National Police Service the sole mandate to prevent, detect and investigate terrorism and terror related offences.
“The DCI and the Anti-terror unit are the key players in the criminal justice system and as such their unequivocal participation in the formulation of guidelines that affect the criminal justice system is imperative,” the affidavit reads
He said the guidelines if left to undeserving institutions or individuals may destabilise the religious, political, constitutional, economic and social institutions.
He said it is standard institutional procedure that communication requiring the input and action of the DCI should get written approval by the director of the DCI.
“The DCI office has a fully-fledged legal department with experienced advocates of the High Court of Kenya,” Otieno said.
“Who ordinarily deal and guide the DCI and the Anti-terror unit in legal matters and neither of the said advocates were involved in the entire formulation, review and validation process.”
He argues subsequent incorporation of participants from the ATU at the final state of formulation was meant to infer participation from the DCI and ATU in a bid to advance the agendas of the DPP.
“The final invitation of the Anti-terror unit and DCI was a mere formality to validate the said guideline without an all-inclusive stakeholder’s engagement and consultation,” he said.