DPP says DCI, ATPU attended meeting for new terrorism guidelines; IG signed

Kenya's Director of Public Prosecution Noordin Haji. Photo/courtesy

The Director of Public Prosecution Noordin Haji has said that DCI officers from the Anti-Terror Police Unit attended the mutli-agency meeting for the formulation of terrorism and terrorism financing guidelines.

This is contrary to the response by ATPU that they did not receive the letter inviting them to the said meeting, never participated in it and only learnt about it through the media. The DCI and ATPU argue that the DPP’s work is to prosecute and not investigations.

In an affidavit sworn by Senior Assistant Director of Public Prosecutions Michael Sang, the letters were sent to National Intelligence Service (NIS); Central Bank of Kenya (CBK); Chief Registrar of the Judiciary; National Police Service (NPS); Financial Reporting Centre (FRC); Asset Recovery Agency (ARA); National Counter-Terrorism Centre (NCTC); and Joint Terrorism Taskforce – Kenya (JTTF) on 6th January 2022 by his office.

Each office allegedly nominated two officers who attended the meeting.

“All agencies invited by the 1st, 2nd and 3rd Respondents sent nominated representatives to the consultative multi-stakeholder, multiagency and multi sectoral consultative engagement in the spirit of Organizational Partnership to counter terrorism and combat terrorism financing.


IG in attendance

According to Sang, the Inspector General of police Hillary N. Mutyambai, being the commander of the DCI and ATPU attended the validation and launch of the Interagency guidelines on Cooperation and Collaboration in Investigation and Prosecution of Terrorism and Terrorism Financing.

“The Inspector General of the Nation Police Service Hillary N. Mutyambai, MGH NSC(AU) being the commander of the 4th and 5th Respondents herein as provided under Article 245 of the Constitution and Section 8 of the National Police Service Act attended the validation and launch of the Interagency guidelines on Cooperation and Collaboration in Investigation and Prosecution of Terrorism and Terrorism Financing,” Sang added.

Sang states that the IG, being the Constitutional office holder alongside other principals, validated the Guidelines by appending their signatures on page iv of the said guidelines.

They further launched the document in a symbolic gesture of commitment, goodwill and dedication by all agencies in the fight against terrorism and the concerted multiagency efforts of combating terrorism financing.

Sang swears that among the taskforce members were nominated and attended were two DCI Officers attached to the Anti-Terrorism Police Unit (ATPU) namely Chief Inspector Stephen Ngereso Khamisi, AND Chief Inspector Joseph Kolum.

“An additional taskforce member was Chief Inspector Eric Opagal Okisai (a DCI officer seconded to the Joint Terrorism Task Force- Kenya by the Director of Operations, DCI) under the auspices of 5th respondent,” he added.

The DPP says that the recently launched guidelines are the first of its kind in the continent of Africa; an indication as to how important the countering of terrorism and combating terrorism financing is to him and his office.

“Due to the organized and complex nature of terrorist groups, the same requires thorough investigations into suspected cases of Terrorism and Terrorism Financing while gathering sufficient evidence likely to secure upon prosecution, hence the need for a multiagency, multi-stakeholder and multi-sectoral approach as adopted by the 1st, 2nd and 3rd Respondents alongside other relevant agencies in the drafting, formulation, and development of the Interagency Guidelines,” said Sang.

Mere articles


Further, the DPP says that the guidelines are in compliance with international standards and best practices and not mere newspaper articles or social media posts and blogs as severally alluded to by the Petitioner/Applicant.

In addition, Sang noted that Kenya conducted a mutual evaluation exercise on Anti-money Laundering / Countering Financing of Terrorism (AML/CFT) in line with Financial Action Task Force (FATF) recommendations.

“FATF is the global money laundering and terror financing watchdog and formulation of the impugned guidelines was in compliance with FATF recommendations,” he added.

The DPP avers that the petition does not raise any constitutional issues requiring determination by the court.

“I pray that this Honorable Court be pleased to find the petition devoid of merit that throw in the fore a litany of allegations in a desperate attempt to find a cause of action and attention of this honorable court,” Sang states.