The Director of Criminal Investigations (DCI) George Kinoti and Director of Public Prosecution (DPP) Noordin Haji were this morning forced to address the nation after the former accused the latter of betrayal.
Addressing journalists today, the two dismissed claims of bad blood between them, saying some people are not happy with their working relationship.
“Hatujakosana wala hakuna mzozo kati yangu mimi na DCI au EACC. Kazi itaendelea kutendeka (There is no bad blood between the DCI and the ODPP. Work is still going on),” said Haji.
However, in a story published by Nation, Kinoti states that his officers are currently frustrated and their working morale has hit the lowest.
“We feel betrayed after doing the donkey work. My officers are now getting frustrated daily. They spend a lot of time investigating crime, risking their lives — and even after getting all the evidence required to prosecute cases, they are reduced to carrying files,” Kinoti is quoted.
He, however, added that together with his team they would not succumb to the frustrations as they are fully determined to do their level best.
“My worry is when suspects tell my officers ‘you are going nowhere’ and then it comes to pass,” Kinoti said.
Manduku was arrested on Monday, March 2, 2020 and spent a night behind bars.
However, a Magistrate’s Court in Nairobi ordered for his unconditional release after the DPP failed to charge him.
The KPA boss is accused of abusing his authority by unlawfully recommending to KRA gazettement of Nairobi Inland Cargo Terminal (NICT) as a KPA peripheral facility to a firm that did not tender for the provision of container warehouse services in Nairobi.
The arrest and release of Manduku exposed the shortcomings between DCI and DPP as deputy DPP Joseph Riungu said that he was not aware that the matter was headed to court hence contradicting the DCI.
Under normal circumstances, the DCI investigates such cases the forwards the file to the DPP, who in turn advises on the legal action to be taken, either an arrest or more investigation to make the case water-tight.
This is the first time the DCI Kinoti has complained over the lack of progress in cases pending at the office of the DPP as the two have been known to have an existing good working relationship in fighting the war on corruption in the country.
Previously, the failure in the war against corruption had been blamed against the Judiciary, but the recent developments point fingers to the two law enforcement agencies that seem not to be working in harmony.
Manduku’s case gave an opportunity to the Law Society of Kenya (LSK) through its president Nelson Havi to poke holes on its conduct, watering down their work.
For instance, after the case had been dismissed, Havi who represented Manduku faulted the DPP for failing to work with the DCI.
“The office of the Director of Public Prosecutions is the office given the power to determine and continue criminal prosecutions. Any law enforcement agency, any state officer entrusted with the responsibility of enforcing the law, cannot have any legal or moral obligation to enforce the law, if s/he violates the law,” stated Havi.