Why the DCI has gone rogue

In a country still reeling from a wave of State killings, countless abductions coupled with mounting international scrutiny over human rights abuses, Kenya’s law enforcement machinery appears to have shed its last shred of restraint.

The Directorate of Criminal Investigations (DCI) now openly operates more like a political hit squad than a national investigative agency all while willing to play pawn to the political elite enforcing vendetta, intimidating critics and violating fundamental rights.

And even before the country heals from the brutal murder of 31-year-old Albert Ojwang’ picked by the same DCI, and murdered in cold blood, the unit is at it again.

No longer hiding behind the veil of legality, the officers are acting with impunity and kicking down doors, breaking cabinets, picking personal belongings without warrants and branding their targets terrorists. 

Increasingly, it now appears that the unit under Mohammed Amin seems determined to push Kenya into the ranks of pariah states where state power is wielded to silence rather than to serve.

And even President William Ruto, who once accused the DCI of being weaponised for political gain, now presides over a version of the unit that’s more emboldened, more ruthless and terrifyingly unbothered by the Constitution. 

The arrest of activist Boniface Mwangi, by detectives at his residence in Lukenya in Machakos County on Saturday in connection with the June 25 protests has left the nation puzzled.

Reports show that after Mwangi was arrested, he was escorted to his office at Mageuzi Hub, Rose Avenue in Hurlingham, where a search led to the recovery of: nine assorted external hard drives, two laptops, company seals of Brave Media Ltd and Courage Ltd, a company stamp, six cheque books, copies of stamp duty documents, two unused tear gas canisters and one 7.62mm blank round, at least according to DCI.

“Mwangi is currently in custody at Pangani Police Station, where he is undergoing processing to be arraigned tomorrow, Monday, July 21 for offences related to facilitation of terrorist acts and unlawful possession of ammunition,” the DCI reported on Sunday.

The update that the DCI posted on its social media pages was met with mixed reactions.

While some claimed that it was planted evidence, others told off the DCI, saying the department is being  ‘dramatic’.

“You plant things in his offices to justify his arrest… This is hot air evidence… the game is not new in Kenya… outrageous…,” read some of the comments on the DCI’s post.

"So having two phones, two laptops, and a couple of hard drives in Kenya is now a crime? We know the drill...you have allowed that office to be used...Where is Jumaisi, the guy who escaped from custody?...Even with Kenyan made Constitution 2010? ...Only in Kenya you can be charged with anything..." another added.

Busia Senator, Okiya Omtatah condemned the arrest saying the misuse of anti-terror laws to target activists is not only unlawful but dangerous.

“Arresting a Kenyan for peacefully expressing dissent is a gross abuse of power and a direct violation of Articles 33, 37, and 49 of the Constitution,” he said.

“Parliament did not enact those statutes to be used as weapons against citizens seeking accountability. This must stop," Omtatah added.

Article 33 provides for freedom of expression, which includes freedom to seek, receive or impart information or ideas, freedom of artistic creativity and academic freedom and scientific research.

However, Article 33(2) states the right to freedom of expression does not extend to propaganda for war, incitement to violence, hate speech or advocacy of hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm or is based on any ground of discrimination.

Similarly, Article 37 states that every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.

Naivasha MP Jayne Kihara, who was arraigned in court last week, accused the government of harassment of its critics.

She was charged with breaching peace contrary to Section 94(1) of the Penal Code, Cap 63 Laws of Kenya for remarks she allegedly made on July 8 in Nairobi, about the youth-led protests.

The charge sheet stated that Kihara said goons had been deployed in government vehicles and that police did nothing to contain them and was also accused of naming the President in her accusation, with intent to provoke breach of peace.

“We can't be silent when the government is killing our young people whose only mistake is demanding accountability from the government they put in place. Intimidation through political persecution is a language I will not give in to. Not today, not tomorrow not any other day,” she said.

Prior to her arrest and being arraigned, Kihara condemned her summons to the DCI, saying days of intimidating leaders using the criminal justice system were long gone.

“Summoning me to DCI headquarters will not change Kenyans resolve because it's not about Jayne Kihara but our country Kenya. Mr. President, this is a tried and tested strategy, it has not worked before, it will not work with you either.  These political persecutions will not stop us from calling out this oppressive regime,” she said.

The DCI has been accused of preferring trumped up charges against allies of former Deputy President Rigathi Gachagua.

Human rights activists have also condemned the DCI over what they describe as being "misused".

VOCAL Africa Chief Executive Officer Hussein Khalid yesterday cited the case of Mwangi and Rose Njeri saying it is clear that the DCI is being misused by the government to silence dissenting voices.

“This is something we very much resist because the police, particularly the DCI are supposed to be independent. They are not supposed to be following orders of the Executive but when you find that the DCI are doing the bidding for the Executive then it is very worrying,” Khalid said at Pangani Police Station where Mwangi was being held.

“That is why we are here today to say this must end. The police must operate absolutely independently so that everyone can have a fair chance,” he added.

Wiper Party leader Kalonzo Musyoka, who defended Kihara in court on Friday, said the opposition will also defend the right to speak truth to power, terming her arrest "clear political persecution".

“She is accused of incitement. Yet we have heard the President and his allies tell police to shoot innocent protesters, profile entire communities, and escort state-sponsored goons looting and destroying property. It is all on video… That is incitement. That is violence,” Kalonzo noted.

"And yet an MP speaks up and is dragged to court? This is not law. It is repression. We will not be silenced. We will not be intimidated. We will fight back,” he added.

Democratic Action Party of Kenya (DAP-K) leader Eugene Wamalwa has also added his voice to the matter of arrests.

“Fellow Kenyans and particularly my comrades in the opposition, the night of the long knives is upon us! The reign of terror by the ‘blood-based’ government begins!” he said upon arrest of Mwangi on Saturday.

He said the terror begins with criminalization of the right to protest and picket under Article 37 of the Constitution and branding protesters as terrorists.

Wamalwa also said it extends to arresting them and their so-called sponsors as terrorists and financiers of terrorism and rushing them to the Anti-terrorism court in Kahawa, where he claimed Prevention of Terrorism Act has been turned into a guillotine and the Criminal Justice system weaponized.

“It started with the Gen Zs, then the MCAs, MPs like Jane Kihara and now higher targets like Mwangi and united opposition principals, civil society and other progressive forces, with the sole purpose of intimidating the opposition and suppressing dissent,” he said, as he demanded Mwangi’s release.

People’s Liberation Party (PLP) leader Martha Karua said: “The DCI, National Police Service and Inspector General, when will this campaign of intimidation and harassment stop? You openly walk with militias but arrest law abiding citizens?”

She said she is aware DCI have instructions to target as many human rights defenders as they  can to intimidate and silence Kenyans.

Gachagua has in the past claimed that he was being trailed by plainclothes police.

In May, Gachagua claimed he received intelligence during a church service in Gatanga that there were orders that he be “dealt with once and for all.”

He further claimed that a killer squad of 101 elites, heavily armed officers had been deployed to target him.

“At about 2.30pm, we received further intel from the deployed patriotic officers who were not in agreement with the evil mission that they had clear instructions to plant arms and weapons in our convoy to provide evidence to arrest and get evidence to charge us with,” he stated.

Gachagua said they were forced to use alternative routes as directed by deployed security personnel—many of whom, he noted, are their supporters and personal friends.