Director of Criminal Investigations (DCI) George Kinoti and Inspector General of Police (IG) Joseph Boinett risk being jailed for disobeying court orders.
This follows an application by Bunge la Mwananchi president Henry Namiti Shitanda, who wants the court to commit the two to civil jail for allegedly continuing to post mug shots of suspects on social media despite court orders.
“That the application seeks to institute contempt proceedings in this petition against Inspector General of Police and Director of Criminal Investigations for breach of the court order issued on 7th of December last year, ”read part of the application.
Shitanda claimed that despite the orders being served upon the respondents and despite written cautions by the petitioners advocates, the respondents have continued to disobey the court order.
“Joseph Boinett and George Kinoti are committed to civil jail for a term of six months for contempt of court for deliberate breach of the court orders issued by this court on the December 7 2018,”the application read.
“The acts of the defendants directly and through their agents and employees have displayed outright arrogance of the court orders made by the court and this warrants urgent citing them for committal to civil jail,” he said.
Shitanda in his application said that the DCI has continued to disobey court orders by posting bookings photographs on their twitter accounts and Facebook page.
He claimed that on the December 19, a letter was written to the respondents to ensure that they comply with the orders but the same was not done.
“The respondents have no regard to the dignity and authority of this court and they have defied the orders of this court with impunity, ” Shitanda said.
The court directed that the respondents, Boinett and Kinoti be served with the application and appear 8 in court on May 20 so as to highlight submissions.
The High Court on December last year, had barred Boinnet and Kinoti’s office from posting mug shots of suspects on social media before they are arraigned.
“A conservatory order is hereby issued restraining the Inspector of General Police and Director of Criminal Investigations from posting suspects and or accused persons’ booking photographs on the internet and social media, more specifically on the DCI Facebook and Twitter page,” the order read.
“The DCI’s actions are not sanctioned in law and not even by the National Police Service Act,” Shitanda argued adding that, “suspects are entitled to the right to privacy as enshrined in the Constitution.”