Why DCI Kinoti snapped at CJ David Maraga

Details have emerged revealing a frosty relationship between the Director of Criminal Investigations George Kinoti and Chief Justice David Maraga.

In the new book by titled 60 Days of Independence, Kenya's Judiciary through three presidential election petitions authored jointly by the International Commission of Jurists – consisting senior judges, lawyers and the Journalists For Justice, the authors claimed that the tension was brought by Deputy Chief Justice Philomena Mwilu's pending arrest.

On August 28, 2018, at the Supreme Court, CJ Maraga and DCI Kinoti engaged in a daylong standoff over the arrest of Mwilu.

According to the report, DCI Kinoti had grown impatient with the reluctance of Maraga to allow Mwilu to be taken away and asked: "Who do you think you are?”

CJ's view

CJ Maraga was of the view that the Judicial Service Commission would investigate the allegations brought against her, including corruption, abuse of office and tax evasion.

After noticing that things might get out of hand, DCJ Mwilu complied with the detectives and agreed to go with the sleuths, a decision which the book says broke the stalemate.

The DCI boss had arrived earlier that morning at the Supreme Court premises to arrest the DCJ for questioning over alleged dealings with the collapsed Imperial Bank concerning a loan advanced to her.

Her lawyers would later argue that she was being persecuted for the position she took in the surprise nullification of President Kenyatta’s win on August 31, 2017.

Brave woman

Maraga was again quoted by the book as having called DCJ Mwilu a brave woman for her outspokenness during judges’ conference on the just- concluded presidential election petition. 

Reports suggested that the investigations against Mwilu mainly revolved around transactions involving the collapsed Imperial Bank and failure to pay taxes.

Director of Public Prosecutions Noordin Haji had said that Justice Mwilu accepted cash gifts, obtained the execution of a security belonging to Imperial Bank by impersonation and failed to pay taxes.