Police directed to seal gaps in MP’s incitement probe

Director of Public Prosecutions Keriako Tobiko is dissatisfied with the manner in which Gatundu South MP Moses Kuria was investigated over incitement claims.

Mr Tobiko has returned the investigation file that he received from the Director of Criminal Investigations (DCI), with instructions to police to include more witnesses and address other deficiencies.

A letter to the DCI dated August 14 and signed by Senior Assistant Director of Public Prosecutions Leonard Maingi, on behalf of the DPP, lists five areas that need to be thrashed out.

“It is rather surprising that for an event that was well attended, the investigating officer (IO) only managed to obtain two witnesses to record statements on the actual content of the speech of the suspect.

“The IO is therefore directed to obtain additional witnesses present at the event and record their statements,” the DPP directed.

At the meeting, Mr Kuria allegedly incited youth in Nyeri to “slash” politicians opposed to National Youth Service projects in the county.

In the letter, Mr Tobiko is questioning investigators’ failure to take further action after Kiambu County Youth and Sports minister Moses Waikenda declined to record a statement “due to his own reasons”.

Mr Tobiko has also questioned detectives’ failure to subject footage from a TV station to forensic examination and include it in the police file forwarded to his office.

The investigating officer has been directed to obtain chain-of-custody certifications for the footage already received, arrange for an analysis and extract a transcript.

“In the forwarding letter, the IO states that despite (a) request, Citizen TV has refused to provide original raw footage.

“It is, however, not indicated how this refusal was communicated. (The) IO is directed to follow up with Citizen TV and obtain the footage for analysis.

“In the event that the TV station refuses to cooperate to avail the raw footage, the investigating officer is directed to obtain from Citizen TV written correspondence refusing to supply the material sought,” said the DPP.

The DPP also wants the National Cohesion and Integration Commission to join the investigation, and directed that the file be resubmitted within 14 days for direction.

The Law Society of Kenya had filed a complaint to the Independent Policing Oversight Authority over alleged attempts to derail Mr Kuria’s prosecution.