Panic has gripped the Directorate of Criminal Investigations (DCI) as heads begin to roll over the suspected involvement of members of a disbanded crack unit in killings and abductions.
The Internal Affairs Unit (IAU) has begun investigations into the conduct of the Special Service Unit (SSU) with the aim of bringing to book those believed to have taken part in killings that have rocked the country for the last few years.
At least 21 officers from the SSU were questioned by the IAU on Friday over their suspected roles in murders, including the disappearance of two Indians in the weeks leading to the General Election.
Their questioning has created uncertainty at Mazingira House, the headquarters of the DCI on Kiambu Road, as senior officers – unsure of whether they will be mentioned by their juniors for issuing unlawful orders – wait for their fate.
Fifty-eight officers have been disarmed and sent on a 30-day compulsory leave as investigations into their conduct gather pace.
An attempt by SSU boss Pius Gitari to step down is said to have been thwarted by his seniors as they continued questioning the conduct of the unit, including claims that it had become a law unto itself, sources told the Sunday Nation .
A number of senior officers and directors could be forced to resign if their juniors, who are complaining of being victimised on suspicion of committing crimes they were ordered to, spill the beans.
The Sunday Nation is aware that more DCI officers are under pressure to withdraw affidavits they filed in high-profile cases to provide a window for withdrawal of the matters from the courts.
A dark cloud, however, hangs over senior officers who have withdrawn their affidavits, including Mr Martin Otieno, Mr Obadiah Kariuki and Mr John Gachomo after it emerged they could be held to account for admitting they carried out unlawful orders.
“A police officer shall obey and execute lawful orders in respect of the execution of the duties of the office which he may from time to time receive from his superiors,” the law says.
“A police officer who fails to comply with an unlawful order shall not be subjected to disciplinary proceedings. A police officer who abuses any powers commits an offence and is liable to disciplinary or criminal action.”
Former Law Society of Kenya President Nelson Havi was among Kenyans who posted their views on the debate on social media.
“These police officers publicly confessing that they received instructions from above to frame innocent people in the cases being withdrawn should be held accountable. Claims of malicious prosecution ought to be mounted against them for deterrence,” Mr Havi said.
Mr Kariuki, whose withdrawal of an affidavit could see the Sh7.3 billion suit against Deputy President Rigathi Gachagua collapse, said they were rushed to investigate the case and forced to come with recommendations that would see the then-Mathira MP face charges.
At stake are questions on whether the DCI, under Mr George Kinoti – who resigned last month – was operating in a vacuum for the crimes its members are accused of committing, who else higher in the security chain of command was ordering the detectives and how far investigations can go without unsettling members of the current government.
Then there is the matter of whether investigations would stop with the two missing Indians, who had been brought in as communication experts in the Kenya Kwanza Alliance campaign, or other unresolved disappearances and killings.
“Disbanding the SSU is not enough. Investigations must be done and killer police brought to book,” demanded Haki Afrika director Hussein Khalid.
Rights organisations documented 219 cases of police killings and enforced disappearances in 2021. Of these, thirty are linked to Pangani police station in Nairobi.
“Out of these, 187 cases were of police killings, and 32 of enforced disappearances. Of the 32 enforced disappearances, two victims were found alive after campaigns by civil society organisations,” says Missing Voices, a group that tracks disappearances and extrajudicial killings in its 2022 report.
Among the high-profile murders and disappearances that are yet to be solved is the killing of businessman Jacob Juma, Independent Electoral and Boundaries Commission ICT manager Chris Musando, International Criminal Court witness Meshack Yebei, President Ruto’s security official Kipyegon Kenei, activist Oscar King’ara, Kabete MP George Muchai, Sheikh Abubakar Shariff alias Makaburi and Sheikh Aboud Rogo.
Rights activists have demanded a commission of inquiry to investigate unresolved murders and enforced disappearances.
If that happens, it could open a Pandora’s box that will expose clandestine operations by some elements in the state and suck in high-ranking operators in the security system.
During his Mashujaa Day speech on Thursday, President William Ruto promised to clean up the DCI and ensure criminal elements in the force face the law.
“We can keep this country safe and secure without tormenting our people. We can efficiently and effectively suppress crime, monitor, disrupt and apprehend criminals without abducting, torturing, killing or causing citizens to disappear,” he said.
It is perhaps why an attempt to install the former director of the Investigations Bureau John Gachomo as the head of the IAU collapsed on Friday morning just minutes before he was meant to lead a team that was to question the officers he commanded.
Mr Gachomo was a confidant of Mr Kinoti. Others were the Director of Crime Research and Intelligence Bureau Paul Mumo and Anti-Terror Police (ATPU) boss Unit Martin Otieno who have swept off their positions in a Wednesday reshuffle.
Mr Otieno and Mr Gachomo, whose names featured prominently in the disputes between Mr Kinoti and the Director of Public Prosecutions Noordin Haji, commanded the ATPU when it was accused of kidnappings, extra-judicial killings and going beyond its mandate.
Their lawyer Danstan Omari said they are being victimised and have not been told what they would be charged with.
One notable instance the ATPU was accused of going against its mandate was the arrest of Mr Harun Aydin, a Turkish investor allied to Dr Ruto, who was eventually forced to leave the country.
