This has been criticized by some stakeholders who say it will be overstepping on the independence given to the police, witness protection unit and the ODPP.
Though the police, just like the DPP and the Attorney General, support the establishment of the ICD, they also have a bone to pick with the method and administration being proposed.
Deputy Commissioner of Prisons Titus Karani was concerned that having a centralised court to handle complex transnational crimes will pose a serious security threat to suspects, judges and the general public especially when the suspects are being transported to Nairobi from the various parts of the country.
Citing high rates of maritime crimes and terrorism in Mombasa, Karani wondered how suspects will be transported from Mombasa to Nairobi where the ICD is to be located yet it is already a challenge to transport them to short distances.
“You have seen in Mombasa there are various challenges. If one day you can receive over 100 people who you don’t know their particulars, some are terrorists, we don’t know their particulars, and they don’t speak English or Kiswahili. We have them in various prisons and our local courts are trying them,” he explained.
He said transporting such people to Nairobi is long, tedious and poses serious security threats to police accompanying them to Nairobi and the public.
“We have to address this issue; these courts for prisoners are not secure. When you transport them it is very dangerous for everybody. When you are setting an ICD we have to be particular of security for everybody,” Karani explained.
According to Karani, establishing an ICD is a great idea but it should not centralize court services which are already spread across the country; “let us not restrict it to one court. We should have our own specialised units.”
The meeting in Naivasha is expected to deliberate on if an ICD should be established its jurisdiction and procedure of operation.
The stakeholders represented by among others, the Office of the Attorney General, the office of the DPP, police, development partners and witness protection will also discuss victim participation and witness protection measures to be incorporated within the ICD.
However, the discussion seems to be a thorny issue based on concerns raised by stakeholders especially the ICD’s position to have independent offices and also take up ‘complex’ transnational crimes from Magistrates’ courts.
The challenge of a backlog of cases already facing the High Court is also a prime concern with Justice Richard Mwongo pointing out that the ICD would mean additional work for judges who are already overwhelmed.
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