With the departure of former DCI boss George Kinoti, senior DCI officers are retracting their claims against the DPP and defending their former boss.
The bitter feud between the two parties was highlighted further in constitutional petition No. E.184 of 2022, in which one Memba Ocharo questioned the DPP’s powers.
DCI claimed they were not answerable to the Inspector General of Police in the matter involving the process of developing inter-agency guidelines in investigating and prosecuting terrorism cases.
In an affidavit, DCI’s head of anti-terror unit, Martin Otieno, accused DPP of developing the guidelines through unconventional means, ignoring DCI reservations, and forging entries to imply DCI participated in a donor-funded workshop to develop the guidelines.
He claimed that the ODPP’s lead consultant was unqualified, that the consultant’s ethnicity and religion were the same as Haji’s, and that they shared “united bias as a result of sharing religious beliefs.”
In his most recent affidavit, Otieno denied most of the claims, including those about religious beliefs, consultant qualifications, workshop funding, and police service hierarchy of command.
“I wish to retract every paragraph that is offensive and discriminatory to Haji’s and the consultant’s religious and cultural beliefs, as it is offensive and contrary to the spirit of the Constitution.”
In contrast to his earlier statements that he was only directly answerable to the president, he now agrees that the DCI is under the control and command of the IG. He claims he was unaware of the consultant’s credentials and retracts claims that he was underqualified.
He also denied that the ODPP forged the attendance register for the workshop in order to include DCI officers, claiming that the officers actually attended.
In his most recent affidavit, Gachomo claims he was duped into signing a blank piece of paper to which the AG’s office attached other allegations unknown to him. As a result, he distanced himself from the entire affidavit.
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