Interior CS Joseph Nkaissery broke the law in journalist's arrest, says Nyachae

Commission for the Implementation of the Constitution chairperson Charles Nyachae during a press conference on security cabinet secretary treat on a journalist who was arrested on security story links. He said the cabinet secretary had no moral authority to have anything to do with arrests of the journalists because that is not in his docket. on 11/11/2015 PHOTO BY JENIPHER WACHIE

Interior Cabinet Secretary Joseph Nkaissery usurped the role of the Inspector General of Police by ordering the arrest of three journalists, Commission for the Implementation of the Constitution (CIC) chairman Charles Nyachae has said.

Mr Nyachae said the move by Mr Nkaissery to order the arrest of Nation Media Journalist John Ngirachu, The Standard's Alphonce Shiundu and Star's James Mbaka on Tuesday was unconstitutional, and he should be held personally responsible for breaking the law and abusing his powers.

Speaking to journalists yesterday at his office, Nyachae explained that only Director of Public Prosecutions Keriako Tobiko has the constitutional authority to order for the arrest and investigation of an individual.

"Our new constitution stipulates clearly which office holder and which institution can carry out investigations and enforce the law. Nkaissery has no mandate to do so," said Nyachae.

"By ordering the arrest of the journalist, the CS broke the law and grossly violated the Constitution," he added.

Nyachae explained that Article 245(4) of the Constitution stipulates that the IG cannot take direction from anyone with respect to the investigation of any particular offence, as he has independent command.

Article 152 (6) states that a Cabinet secretary maybe dismissed on grounds of 'gross violation of the constitution'.

Mr Ngirachu, who is the Daily Nation's parliamentary editor, was released from the Directorate of Criminal Investigations (DCI) headquarters after recording a statement in the presence of his lawyers on Tuesday.

Mr Shiundu was also accompanied by his lawyers led by James Orengo.