Havi calls on DPP and DCI to end power wrangles

Law Society of Kenya President Nelson Havi has said the ongoing power wrangles between the office of the Directorate of Criminal Investigation and the Office of the Director of Public Prosecutions is likely to interfere with major cases.

In a statement that was released on Friday, Havi said that in the hierarchy of powers related to criminal investigations and prosecutions, Article 157 (4) of the Constitution elevates the DPP above the DCI.

He said the discord between DCI and ODPP must be contextualised and the parameters of their powers defined to end and avert similar unnecessary spectacles in the future.

Havi claimed that the wrangles between the two offices started from a letter that was addressed to the Inspector General of Police by the ODPP on June 9 this year.

“In the letter, the DPP notified the IG that there was no evidence to charge Court of Appeal Judge Sankale ole Kantai with the murder of the late Tob Cohen”

The LSK president said that the tussle between the heads of the two offices over the power of the initiation of criminal charges has spiraled out of control.

He added that DCI is determined to arrest and arraign the judge.

“A petition to remove Noordin Haji from the office of DPP has been filed with the Public Service Commission for declining to charge the judge.”

Havi added that the functions of the National Police Service in general and the DCI, in particular, is to investigate crimes, while DPP is mandated with the criminal prosecution of suspects.

He added that in the hierarchy of powers related to criminal investigations and prosecutions, Article 157(4) of the Constitution of Kenya elevates DPP above DCI.

Article 157(4) of the Constitution of Kenya states that:

“The Director of Public Prosecutions shall have powers to direct the Inspector General of the National Police Service to investigate any information or allegation of criminal conduct and the Inspector General shall comply with any such direction.”

He also said that the state powers of prosecutions are given to the DPP by Article 157(6) of the Constitution.

“The DPP institutes and undertakes criminal proceedings without the consent, direction or control of any person or authority,” Havi added.

This come as Dutch businessman Tob Cohen’s family seeks removal of Haji from office citing gross misconduct and abuse of office.

It accuses him of moving at a 'snail's pace' and mishandling the murder case in which widow Sarah Cohen is charged.

Through Cohen's sister Gabriel Van Straten, the family has petitioned the Public Service Commission to kick out Haji barely four years after he took over.

Haji has however dismissed the petition and said he has done nothing wrong.