Dragging IG of Police, DCI to court over abductions compromising national security - Murkomen
When he appeared before Justice Chacha Mwita, Kanja said he instructed the DCI boss to carry out swift investigations into matters of the disappearance of two men in Machakos County.
Interior Cabinet Secretary Kipchumba Murkomen has accused the judiciary of compromising national security by continuously summoning Inspector General of Police Douglas Kanja and the Director of Criminal Investigations (DCI) Mohamed Amin to appear in court.
Through his lawyers Danstan Omari and Samson Nyamberi, Murkomen said that there is no need to drag the National Police Service (NPS's) IG and DCI to court over the matters of abductions.
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They appeared to honour three summons issued by the court on January 8, 13 and 23 this year after the Law Society of Kenya (LSK) and some civil society organisations sought explanation from the two.
The petition by the LSK sought to compel Kanja, Mohamed, the Director of Public Prosecutions (DPP), the CS for Interior, the Director General of the National Intelligence Service (NIS) and the National Transport and Safety Authority (NTSA) to produce in court the missing persons dead or alive.
Omari said evidence has been produced before the court that there was a serious meeting for East African Inspector Generals of Police in (Kingali) Rwanda and the IG and DCI and IG are supposed to be in Rwanda.
Omari said they (Kanja and Amin) had to leave the interests of the region, and that of 55 million Kenyans, to fly back to appear before the court.
"Tomorrow we have another matter before another judge where IG and DCI are supposed to appear. Are IG and DCI going to be litigants so that they continue to appear in court?" Omari posed.
"I strongly believe as an advocate of this court, that the civil society, LSK and politicians are trying to fundraise by bringing senior public officers to court. Therefore we are appealing to the LSK to think deeper and understand that by dragging the IG to the court, they are compromising the security of the nation."
Inspector General of Police Douglas Kanja in the dock at the Milimani Law Courts on January 30, 2025. (Photo: Joseph Ndunda/EV)
Murkomen says the role of IG as provided for in Articles 244 and 245, ends with instructing the DCI to do investigations.
When he appeared before Justice Chacha Mwita, Kanja said he instructed the DCI boss to carry out swift investigations into matters of the disappearance of two men reported missing at the Athi River Police station and another reported at Mlolongo police station in Machakos County in December last year.
Mohamed on his part said he delegated the duty to deputy director of DCI's Investigations Bureau Assistant IG Paul Wachira to lead investigations.
Wachira gave an extensive update on the investigations after he took the oath to respond to the petition filed at the High Court, before Justice Chacha Mwita.
Omari said a report was presented in court by Wachira and therefore there was no need to have the IG and DCI before the court.
"We raised serious objections from day one that the LSK seems to have lost sense of direction. Their interest is to drag senior public officers to appear in court physically. The petitions that are before the courts are (even) demanding the physical appearance of DPP, an office that has no role in issues investigations," Omari said.
"The petitioners are seeking the attendance of the director general of NIS, an office that does not deal with investigations. The IG and DCI have come and clarified that these are missing people. On behalf of our client, the CS for Interior – Murkomen, it is clear and we have reiterated that there is no policy in the police service for abductions."
Omari said the Ministry of Interior and the NPS don't have an abductions policy.
He maintained that the police arrest pursuant to police standing orders.
"It is the policy of the CS for Interior, IG, for security apparatus that their role, that once a missing person has been reported, they will investigate, if there is evidence they arrest and charge after the DPP has approved the charges," Omari said.
"There has not been any question placed on the DCI or IG to answer. Why were they being summoned and why do we see them being summoned every day?" he posed.
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