Communication and Digital Strategist Dennis Itumbi is now piling pressure on the government to take action against the Directorate of Criminal Investigations boss George Kinoti over contempt of court.
Itumbi wants relevant agencies to withdraw Kinoti’s security and firearms over failure to surrender to Kamiti Maximum Security Prison to serve his four-month jail sentence as ordered by the High Court.
Justice Antony Mrima on November 18 found Kinoti guilty of contempt of court for disobeying a court order requiring him to surrender firearms belonging to businessman Jimi Wanjigi.
The judge gave Kinoti seven days to surrender to prison authorities or be forcefully arrested and presented in jail to serve his term.
In a letter to the Inspector General of Police Hillary Mutyambai, Itumbi claims the IG’s office has refused to obey the orders.
“You are in contempt of the court orders issued on 18th November, 2021 which ordered you to arrest Mr. George Maingi Kinoti who has been found guilty of contempt of court orders and subsequently punished. It appears that just like Mr. George Maingi Kinoti, you are also choosing what court orders to obey and clearly you have decided that the orders issued on 18th November, 2021 by Honourable Justice Mrima, are not among them,” Itumbi said in the letter dated December 10.
Itumbi argues that Kinoti’s continued disobedience of court orders has created anarchy in the administration of justice as the functions he is currently undertaking are null and void.
“Your office is a creature of the Constitution created pursuant to Article 245 of the Constitution and section 10 of the National Police Service Act, 2011 mandates inter alia for your office to uphold the national values, principles and objects set out in Articles 10, 232 and 244 of the Constitution,” Itumbi added.
“However, as stated above you have decided to choose a different path, act with impunity and defile the provisions of the Constitution as a State Officer by your non observance to the rule of the law. I should remind you that a court order is not a mere suggestion or an opinion on a point of view.”
Itumbi gave Mutyambai three days to arrest Kinoti, withdraw his security and any firearm assigned to him failure to which he threatened to take legal action against the IG.
In another letter addressed to Parliament, Itumbi faulted MPs over their conduct regarding the Kinoti-Wanjigi saga.
Itumbi cited a December 2 incident where the Foreign Relations Committee gave audience to Kinoti in company of the Deputy Inspector of Police to give a report on the investigations inquiring into the murder of Agnes Wanjiru by a British soldier.
He accused the House of aiding Kinoti to execute functions of the office of the DCI illegally.
He claimed despite the court declining to suspend the jail term as requested by the Attorney General, Kinoti has not bothered to lodge an appeal against the ruling, saying “as such it is to be assumed that either he is satisfied with the order of the court or that he has no regard of the rule law.”
The House, Itumbi said, should deny the Kinoti-led directorate funding until he surrenders to Kamiti.
“From the foregoing, it is in the interest of the general public interest that: Parliament disapproves any budget allocation to the Directorate of Criminal Investigations until its director, Mr. George Kinoti purges his contempt,” said Itumbi.
He added: “Parliament derives its authority from the people and that authority mandates it to carry out what the Constitution and the law requires it to do. To act contrary is to act against the aspirations of the people aspired for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law.”
Itumbi has also written to the Firearms and Licencing Board seeking to know if Kinoti is in possession of any firearm.
He has also asked the Commissioner General of Prisons to confirm whether Kinoti is in their custody.