Director of Public Prosecutions (DPP) Noordin Haji has announced that beleaguered former Directorate of Criminal Investigations (DCI) George Kinoti will be prosecuted if he broke any law.
Speaking on KTN News on Sunday night, Mr Haji said that he too should not be spared if found to have broken any law.
“George (Kinoti) was a colleague and I do not want to take advantage of the situation, but if the law was broken, that person will face the law, even if it is me,” he said.
This comes just days after a detective identified as Kuriah Obadiah claimed that Mr Kinoti directed him to frame Deputy President Rigathi Gachagua in a Sh200 million graft case.
The detective alleged that Mr Kinoti directed the team to act promptly to ensure Mr Gachagua was arrested and charged despite lack of satisfactory evidence.
"Due to pressure from our boss, we were not able to cover crucial areas of the investigations that would have shed some light on the case," he said in the affidavit.
Pressured him through the media
Mr Haji alleged that Mr Kinoti pressured him through the media to charge Mr Gachagua.
“On DP Gachagua’s charges, the decision was made on the threshold. We were pushed by DCI himself through the media. We felt there was sufficient evidence to charge but later we discovered the documents were forged,” he said.
Mr Haji said that he was previously taken to court on false affidavits sworn against him and he was worried about what happens to ordinary Kenyans.
On dropping corruption cases the DPP said: “As the DPP, I could not allow cases that did not meet the threshold and did not have enough evidence that we felt was enough for us to go to court.”
He said that it was to this effect that his office decided that Mr Kinoti should be up to the task and ensure that he completes all the investigations before he hands over files to the DPP.
Mr Haji also said that when he started making the moves, he was threatened and even taken to court because all he wanted was things to be done in the right way.
“I said that I would no longer depend on good faith because that good faith was no longer there,” he said.
He said that in a number of circumstances, his office had reviewed some cases and recommended that some of the suspects are turned into state witnesses in order to strengthen the cases.
The DPP said that several DCI officers had confessed that they were coerced and threatened to take some actions and their claims are under investigation. Coercing is persuading an unwilling person to do something by using force or threats.
Mr Haji said some officers will be investigated. “If you look at some of the affidavits they have said that they were coerced and threatened. If there was coercion, then that person has to face the law,” he added.
He claimed that even DCI officers were afraid of the disbanded Special Service Unit, which was linked to extrajudicial killings.
In July, the DPP publicly described Mr Kinoti as a junior officer compared to his rank.
He made the claims at a press conference, where he also clarified an earlier statement he made to the effect that William Ruto was ‘clean’ in the Arror and Kimwarer dams scandal in which billions of shillings were reportedly lost.
“Let me make it very clear. My relationship is with the Inspector-General, who is in charge of the National Police Service under the Constitution …,” he said.
“The DCI is an officer under the IG, and as such, I think my relationship should be judged with the IG.”
In June, Mr Haji publicly asked Mr Kinoti to stick to his legal mandates under the Constitution.