•Rift legislators say Uhuru fronting DCI boss George Kinoti in graft war with an aim of targeting the region
•As a result, some Jubilee Party members are plotting to table a motion in Parliament to debate the role of DCI in graft war.
A section of Rift Valley leaders, have for the past few weeks led a brigade of Rift Valley legislators in accusing President Uhuru Kenyatta of double standards in the fight against corruption.
Led by Elegeyo Marakwet Senator Kipchumba Murkomen and Nandi Governor Stephen Sang, the legislators say Uhuru seems to be fronting DCI boss George Kinoti in the graft war.
They say the fight has been choreographed to target the region as opposed to the EACC which has been empowered to deal with corruption.
As a fact, the legislators say Kinoti should thus be appointed to head the EACC if Uhuru feels he is better placed to place to fight graft.
As a result, some Jubilee Party members are plotting to table a motion in Parliament to debate the role of the DCI in the graft war.
They claim Kinoti should stick to his job and arrest petty offenders and pickpocketers.
Claim: Uhuru fronting DCI in graft war that EACC
What does the law say about recruitment and roles of the DCI?
The National Police Service Act under the 2010 constitution clearly outlines what are the roles of the DCI.
Part V of the Article says there should be an establishment of the Directorate of Criminal Investigations Department which shall be under the direction, command and control of the Inspector-General.
With regards to the qualifications of the Director of Criminal Investigations, the article states that there shall be a Director of Criminal Investigations who shall be appointed by the President in accordance with section.
“A person shall be qualified for appointment as the Director of Criminal Investigations if the person is a citizen of Kenya, holds a degree from a university recognized in Kenya, has had at least ten years’ proven experience at the management level of a public institution, has had a distinguished career in his field and has knowledge and experience in criminal investigations or policing,” reads part of the article.
The article further states that the Director of Criminal Investigations shall, in the performance of the functions and duties of the office, be responsible to the Inspector-General.
“The Director of Criminal Investigations shall be the chief executive officer of the Directorate, responsible for implementing the decisions of the Inspector-General in respect of the Directorate, efficient administration of the Directorate, the day-to-day administration and management of the affairs of the Directorate and, the performance of such other duties as may be assigned by the Inspector General, the Commission, or as may be prescribed by this Act, or any other written law,” the article states.
The constitution says the DCI in his functions can co-operate and engage in joint security operations with the Deputy Inspectors-General of both the Kenya Police Service and the Administration Police Service, other Government departments and security organs, where necessary, when relevant, to ensure the safety and security of the public and perform any other functions that may be assigned by the Inspector General under the Act or any other law.
“Functions of the Directorate shall be to collect and provide criminal intelligence, undertake investigations on serious crimes including homicide, narcotic crimes, human trafficking, money laundering, terrorism, detect and prevent crime, apprehend offenders, maintain criminal records and conduct forensic analysis,” the article reads.
The DCI is also mandated to execute the directions given to the Inspector-General by the Director of Public Prosecutions pursuant to Article 157 (4) of the Constitution, co-ordinate country Interpol Affairs, investigate any matter that may be referred to it by the Independent Police Oversight Authority and perform any other function conferred on it by any other written law.
ETHICS AND ANTI-CORRUPTION COMMISSION
The commission is established and cited as the Ethics and Anti-Corruption Commission Act, 2011
The commission under the Act is empowered to acquire, hold, charge and dispose of movable and immovable property.
According to the Act, “corruption” means an offence under any of the provisions of section 39 to 44, 46 and 47.
Corruption may also mean bribery, fraud, embezzlement or misappropriation of public funds, abuse of office, breach of trust or an offence involving dishonesty.
The Commission may cooperate and collaborate with other State organs and agencies and any foreign government or international or regional organization in the prevention and investigation for corruptionEthics and Anti-Corruption Commission Act, 2011
Section 11 of the Act, however, says the commission may work with other State and public offices in the development and promotion of standards and best practices in integrity and anti-corruption.
It also quotes, “The Commission may request and obtain professional assistance or advice from such persons or organizations as it considers appropriate”.
VERDICT: FALSE
The legislators seem to be politicising graft war.
As indicated above, DCI is equally empowered to participate in graft war on two accounts.
In one account, the constitution empowers DCI to collect and provide criminal intelligence, undertake investigations on serious crimes including homicide, narcotic crimes, human trafficking, money laundering, terrorism, detect and prevent crime, apprehend offenders, maintain criminal records and conduct forensic analysis
On another account, under the EACC Act, DCI may be invited to assist the commission in investigations.
It is therefore in bad taste for the legislators to cast aspersions against DCI claiming he is not fit to pursue matters of corruption.