Former Interior Cabinet Secretary Fred Matiang’i has moved to court seeking anticipatory bail.
He argues that he is under imminent threat of arrest by the police and is justifiably apprehensive that his constitutional rights are being violated.
Through lawyer Danstan Omari, Matiang'i argues that unless the orders are granted he together with his family members and people close to him will continue living in a saddening state of fear and anxiety as they are not aware when and how the police would pounce on them
He claims that he received credible information from officers of the Kenya Police that they are under express instructions to arbitrarily capture and arrest him with a view of arraigning him in Court for ulterior political motives.
He wants the court to issue conservatory order restraining the state, their Servants, Agents, junior officers and/ or anybody from effecting and/or anybody from arresting, charging or harassing him.
Similarly, he wants the court to stop the police and government from harassing him without conducting investigations.
According to court papers, on February 9 at night, his home was raided, surrounded and cordoned off by police officers who were seeking to arrest him.
He claims that the police officers only retreated after the media and his lawyers arrived.
Matiangi also claims that the reason for his arrest is to stop him from attending the burial of his late colleague George Magoha slated for this Saturday.
If he is arrested, he says, he will not be able to attend the funeral.
It is his further argument that his arrest comes barely days after his remarks at Magoha's home.
"The Applicant is aware that his woes got worse when he gave a speech at the home of the late Prof Magoha where he shared the lessons on public service that he had learnt from the deceased. His security was withdrawn the next day and the impending arrest is part of the scheme to harass and silence him forever,” reads court documents
On Wednesday night, his lawyers Danstan Omari and Sam Nyaberi said they will move to court over the alleged night raid.
"We are ready and willing to present Matiang'i to any police station in this country. He is not avoiding any rule of law, that is if he has committed any offence," Omari said.
He went on to divulge that a battery of lawyers had been lined up to defend the former CS against any accusations that will be presented.
"We are two hundred advocates charged with protecting the former CS. We will drive with him tomorrow, take him to the nearest police station then they can lock him up if they want and take him to court," Omari added.
Nyaberi on his part assured Kenyans that the CS is safe and that they are ready for any legal procedure that will emerge.
More follows...
