- Both DPP and NCIC say they are not under the direction of any person or authority.
- NCIC reads Haji letter as attempt to police its operations.
Image: FILE
The DPP's office and the National Cohesion and Integration Commission are embroiled in a fierce battle over the prosecution of hate speech suspects.
The row stemmed from the prosecution’s decision to drop incitement charges against Meru Senator Mithika Linturi, which NCIC insists was ill-advised.
The commission said it is empowered by law to “investigate complaints of ethnic or racial discrimination and make recommendations to the Attorney General.”
In a March 17 letter to DPP Noordin Haji, the commission lists the Kenya National Commission on Human Rights or any relevant authority as the agencies it should report to.
“The commission shall investigate on its accord and on request from any institution, office, person any issue affecting ethnic and racial relations,” it said.
But in a leaked March 24 letter seen by the Star, Haji tells off the NCIC for moving to arrest suspects without the nod of his office.
He said the NCIC was engaging in cheap publicity in total disregard of the tenets of the criminal justice system.
“It is a despicable and regrettable attempt on your part to achieve cheap publicity and notoriety which is damaging the regulation of the criminal justice system,” Haji said.
He said the situation “has only sought to undermine the trust and faith in your (NCIC) ability to raise objective assessments of factual and legal issues.”
In its letter signed by CEO Skitter Ocharo, NCIC holds that it is insulated against external directives.
He cited the law, saying “the commission shall not be subject to the direction or control of any person or authority.”
“The commission is at a crossroads as to whether the intention is to take away its mandate of investigations or have the police superintend over the commission or still further carry out parallel investigations,” NCIC said.
But the DPP took issue with NCIC for failing to conduct proper investigations and have the same reviewed by his office before arresting and presenting Linturi to court.
Haji said at the time NCIC was swinging into action to arrest Linturi, his office had already directed the Inspector General of Police to institute investigations.
“The DPP took the liberty to copy the letter to the chair of the NCIC,” the letter reads in part, adding that Linturi was arrested and held in custody without the involvement of the ODPP.
“At the time of arraignment in court, investigators had only managed to compile a skeleton file which had been submitted earlier to the ODPP for perusal and analysis of the evidence,” the DPP said.
He said his office sought five days to conclude the probe, but was only granted one day and a ruling on the case was already reserved.
DPP Haji further poked holes on the letter by the NCIC chief executive officer, saying it had no signature of the chairman hence may not have been sanctioned by the commission.
He told NCIC that it was the ODPP with the sole mandate to direct the Inspector General of Police and any other investigative agency to probe criminal conduct.
Haji further told the NCIC that his office does not require the consent of any person or authority to commence criminal proceedings.
He said his office directed the police to withdraw the charge in line with the provisions of the law anchoring the office of the DPP.
“The Constitution confers upon the DPP state powers of prosecution pursuant to which the DPP may institute and undertake criminal proceedings…or take over and continue any criminal proceedings commenced in any court – other than a court-martial.”
“The DPP may discontinue at any stage before judgement is delivered any criminal proceedings,” the letter reads, saying the office needs no consent of anyone.
The ODPP has been on the case of the investigative agencies, coming close to blaming them for the collapse of key corruption cases.
In a recent interview with the Star, Haji said he was “tired of being hounded”.
This followed concern of loosely tied graft cases that are being thrown out of courts, yet he is expected to shoulder the blame.
The DPP recently declared his office would not prefer charges against graft suspects seeking political seats until three months after election.
(edited by Amol Awuor)