Jimi Wanjigi guns: pressure mounts on DCI Kinoti
The Director of Criminal Investigations George Kinoti speaking to the media at DCI headquarters on April 20, 2021.
Pressure is piling on Director of Criminal Investigations (DCI) George Kinoti to surrender to prison authorities as ordered by the High Court last month after being found guilty of contempt.
Former State House operative Dennis Itumbi, in a string of four scathing letters to Parliament, Inspector-General of Police Hillary Mutyambai, the Firearms Licensing Board and the Commissioner-General of Prisons, has questioned why Mr Kinoti has neither presented himself to prison nor been arrested.
Mr Itumbi, formerly a strident defender of the government but is now its critic, has petitioned the National Assembly to block financial allocations to DCI as he questions the legality of the decisions Mr Kinoti has made.
"Mr Kinoti is exposing the criminal justice system and the chaos that (is) waiting to arise in the criminal courts. Indeed, advocates will have a field day in courts in cases where Mr Kinoti as the DCI authorises … their investigations and forwards the file to the Director of Public Prosecutions (DPP) to charge the said suspects," Mr Itumbi says.
He wants Parliament to cease approving budgetary allocations to the DCI until Mr Kinoti serves the four-month prison term imposed last month by Justice Anthony Mrima for contempt.
He was sentenced on November 18 and ordered to present himself to the Kamiti Maximum Security Prison for disobeying a court order to release firearms belonging to businessman Jimi Wanjigi.
Mr Itumbi says in his letters that Mr Kinoti, being a state officer, has violated the Constitution and that Parliament has abdicated its duty.
"The effect of Mr Kinoti being in continued occupation of his office yet there is an order issued against him creates chaos in two ways. First is that it creates a system of anarchy in that the administration of justice is brought to scorn and consequently undermines the rule of law in the eyes of (the) public," he says.
Should be serving his sentence
He also says that the functions Mr Kinoti is carrying out as the DCI boss are a "nullity" and have no effect because under “the law he is illegally occupying the office as he should be serving his sentence".
In urging Parliament to stop approving funds for the DCI, Mr Itumbi says funding the agency when its head is in continued contempt of court orders amounts to aiding and abetting disobedience of the rule of law.
Mr Itumbi has also questioned why Mr Mutyambai has not arrested the chief detective, having been required to do so if Mr Kinoti did not surrender to prison authorities.
He wants the IG to withdraw any bodyguards assigned to Mr Kinoti and order him to forfeit any official firearm he may possess. He has given the IG a three-day ultimatum or he will seek legal remedies.
Mr Itumbi also wants the Commissioner-General of the Prisons Service to furnish him with information on whether in the prison records "there is a prisoner known as Mr George Maingi Kinoti serving a jail term at Kamiti Maximum Prison" and if so, he wants to be given Mr Kinoti’s prison number.
He also wants to be told "how many days Mr Kinoti has served so far at Kamiti Maximum Prison".
He bases his request for information on Article 35 of the Constitution (on the right to access information).
Mr Itumbi also wants the Firearms Licensing Board to tell him whether Mr Kinoti, as a private citizen, is licensed to possess a firearm.
"Owing to the fact that Mr Kinoti is a convict and not a public officer following the orders of the court, he cannot now under section 36 of the Firearms Act, 2009 have the capacity to possess ... ammunition as a private citizen," Mr Itumbi argues.
