The Director of Criminal Investigations George Kinoti has said he was never consulted before the launch of terrorism guidlines by the Director of Public Prosecution Noordin Haji.
Kinoti, through Senior Superintendent of police Martin Otieno of the Anti-terror police unit said the never received any letter from the DPP in regard to the said guidelines.
“The guidelines as stated are unconstitutional and the DCI shall never accede to being guided by the same in investigations of terrorism and terrorism offenses,” Otieno swore in an affidavit.
According to the guidelines, DPP Haji is to be consulted by the police before arrest is made on terror suspects.
The DCI said he only became aware of the validation and launch of the said guidelines on social media through a press release by Haji.
According to Kinoti, Haji’s action of formulating guidelines in disguise of enhancing collaboration and cooperation on investigation of terrorism and terrorism financing is an act of indirectly micromanaging independent constitutional offices within the criminal justice system.
He added that the DCI has a fully-fledged legal department and neither of the advocates was involved in the entire formulation and validation process.
“If the court does not declare the guidelines unconstitutional, the 5th (DCI) and 6th (ATPU) respondents contend that it will hinder and cripple the investigations on terrorism with ripple effect on the national security, Otieno said.
