DCI boss George Kinoti wants contempt petition dismissed

The Director of Criminal Investigations George Kinoti has dismissed an application seeking to cite him for contempt, stating that it is a publicity stunt by Sarah Wairimu Kamotho and her lawyer Philip Murgor.

Mr Kinoti said the two were attempting to offer an alternative narrative to the circumstances surrounding the death of Ms Kamotho’s husband, Dutch tycoon Tob Cohen.

Ms Kamotho petitioned court to have the DCI boss and prosecutor Victor Owiti charged with contempt for allegedly issuing statements concerning investigations into the death of her husband.

Mr Murgor said Mr Kinoti has been making remarks on his Twitter account and had even offered an interview with a Dutch newspaper over the death of the tycoon.

'PREMATURE ARGUMENT'

On his part, Mr Owiti wants Ms Kamotho cited for contempt over remarks she made during the burial of Cohen last month.

Ms Kamotho has since denied murdering her husband on the night of July 19 and 20.

Another suspect Mr Peter Karanja, has been charged separately and the prosecution plans to consolidate the cases.

The DCI boss through his lawyer Donald Kipkorir, however sees no problem with issuing statements stating that he is entitled to issue public statements in respect to investigations and subsequent charges of any crime, as provided by law and the constitution.

"It is the duty of the law enforcers worldwide to provide information where crime has been committed," reads his response to the petition.

Mr Kinoti further said the application is an attempt by Ms Kamotho to control investigations and a deliberate move by her and her lawyer to prematurely argue her innocence.

"The application is a blatant abuse of advocate-client privilege with the advocate using the application to channel his longstanding angst and malevolence against the DPP and DCI," he said.

According to Mr Kipkorir, the application has nothing to do with the law “but a publicity stunt to excite the public with a false and fake alternative narrative of the material circumstances or is a love sonnet".

PRIMARY SUSPECT

He wants the application dismissed arguing that the trial court has no jurisdiction to hear the said application since it is premised on the Civil Procedure Act which doesn't apply in murder hearings.

Mr Kinoti further said no consent was sought nor granted by the Director of Public Prosecutions to institute criminal contempt proceedings and neither did the court issues any orders.

According to Mr Kinoti, Ms Kamotho, who is the primary suspect in the murder of Cohen, is introducing matrimonial property issues outside the jurisdiction of the court.

The top detective further said the documents in support of the application do not comply with the mandatory provisions of the law.

He further said Ms Kamotho had before and after her arrest been on every media and forum in Kenya including YouTube giving an alternative narrative of the material circumstances on the case and if anyone is in contempt, it is them.

Justice Stella Mutuku directed the application to be heard on October 30.