A legal standoff has emerged in Kenya's criminal justice system following a High Court ruling that barred police from drafting charge sheets, prompting the Director of Criminal Investigations (DCI) to issue a directive halting suspect processing for court appearances.
The directive, issued by DCI George Kinoti through head of investigations John Gachomo, prohibits detectives from taking statements under inquiry or fingerprints, citing a May 2022 High Court decision. Judge Anthony Mrima's ruling found police overstepping their mandate by preparing charge sheets, which are the exclusive responsibility of the Director of Public Prosecutions.
The DCI's order explicitly states that officers must cease all activities that could lead to charge sheets, including covering reports and fingerprint collection. 'No covering report for in covering report we risk drawing a charge or charges,' the directive warns, emphasizing that police work should be limited to forwarding investigations to prosecutors.
Failure to comply risks contempt of court charges against individual officers. Legal experts warn the move could paralyze court operations, as police traditionally handle pre-arraignment procedures. The standoff highlights tensions between law enforcement and judicial authorities over procedural boundaries.
