Director of Criminal Investigations George Kinoti says the Judiciary has slowed the graft war by granting low bail, injunctions and being swayed by technicalities.
Going easy on suspects emboldens them and makes prosecution difficult, Kinoti said in an exclusive interview with the Star. President Uhuru Kenyatta on Jamhuri Day cited “ridiculous” bond and bail terms.
The courts say, however, that they look at the facts, flight risks, and they do their job after the DCI and DPP do theirs. The Constitution guarantees that anyone charged with a crime has the right to be tried while out of custody. But DCI George Kinoti calls such freedom a “poisoned chalice”, making it difficult for investigative agencies to nail suspects.
Besides low bail and bond terms, the DCI complained that courts issue unwarranted injunctions, delaying hearings and making room for witness tampering. Kinoti said, “It’s hurting. We’re the people who go to the field and collect facts to present to the court. When we see the issues being fought on grounds of technicalities, it’s very upsetting.”
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He said technicalities are used to make cases collapse. Kinoti expressed disappointment that “criminals” at times are treated leniently by the Judiciary “just because they have money and influence. The sad thing is that in the end, the facts we present in court are not considered. We need to work closely with the Judiciary on this.”
He wants graft cases to be given a full hearing, instead of suspects first obtaining injunctions barring their prosecution. DCJ Philomena Mwilu, former Nairobi governor Evans Kidero and Busia’s Sospeter Ojaamong are among those who sought injunctions delaying prosecution and investigation of their assets. Kinoti said the suspects can explain their case in court.
“Give us a chance to present our facts. Why bar us even before the trial starts? Give us room to gather facts and explain to the DPP,” he said. “Let the facts be explained in the public domain during the prosecution so it can be known whether we had a case or not.”
It defeats justice for persons facing serious charges to be free on bail and still hold office, Kinoti said. DPP Noordin Haji has raised similar concerns, saying those facing charges should step aside.
Kinoti said governors facing graft and other charges can interfere with witnesses when they are bailed out, especially when cases drag on for as long as a year.
“If a case has been scheduled in August and a suspect goes back to his office, where some staff are witnesses, most are given money, compromised, and write affidavits withdrawing earlier statements,” the DCI said.
During the prosecution period, some witnesses disappear or become hostile, he said. “The moment a witness becomes hostile, that’s the end of it.”
Kinoti also cited difficulties in punishing principal offenders who organise and finance crimes but are not at the actual crime scene.
“It’s not easy to investigate these principal offenders. We’re banking on forensic analysis to tie up loose ends that such persons leave,” he said.
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