DPP, detectives tiff may derail graft war

For the past two years, the directorates of criminal investigations and public prosecution have become the face of the fight against corruption. Since they were appointed in 2018, Director of Criminal Investigations George Kinoti and Director of Public Prosecution Noordin Haji have waged relentless war on graft, taking several top public officials suspected of the vice to court to face criminal charges. At least the investigations, arrests and prosecutions helped to contain corruption somewhat.

Against this backdrop, the public is extremely agitated by what happened this week when the two offices clashed in court over prosecution of Kenya Ports Authority chief executive Daniel Manduku. The DCI had seized Dr Manduku following months of inquiry which, in their estimation, had secured strong evidence to commence and sustain prosecution and conviction. Yet the DPP was not convinced and, therefore, declined to approve and lead the prosecution. What then played out in the court was extremely shameful and a blow to the campaign against graft.

Principally, the role of the DCI is to conduct investigations and hand over the evidence to the DPP, who, in turn, interrogates it and, when convinced it is incontrovertible, causes prosecution in court. But this was not the case here. The two differed sharply.

Several issues come to the fore. First, it casts serious aspersions on the two offices. Either one or both of them did not do their work thoroughly. Whichever the case, that signals a major lapse in the investigative and prosecutorial functions. Secondly, it reflects a turf and ego war, where each of the parties is seeking to flex their muscles and show the world where power resides. Yet they have public assignments where ego trips are unacceptable. Thirdly, the conflict opens a window for deep questions. Have the previous arrests and convictions been executed professionally?

All this is creating fissures that the lords of graft are quick to seize and capitalise on. Any whiff of conflict and disunity among the agencies emboldens perpetrators of corruption to execute their nefarious designs safe in the knowledge that they can play the parties against each other and get their way through.

Nobody expects the two offices to agree on everything. But they should not display their differences in public. They should sort out their differences behind the scenes and forge a common front when they face the public. Better still, the DCI can resort to use of private prosecutors if he feels sufficiently convinced that there is ample evidence but the DPP is being an encumbrance.

Overall, the DCI and the DPP must craft a common and joint strategy to handle corruption. Division among the agencies is what it takes to lose the all-important war against corruption.