- Head of serious crime unit Michael Sang sent the summons saying he is investigating the issue.
- A team of detectives went to the ex-CS's home but did not find him.
Image: File
Detectives at the Directorate of Criminal Investigations are now targeting former Interior Cabinet Secretary Fred Matiang’i for questioning over an alleged botched raid on his Karen home.
The officers have summoned Matiang'i to appear before them Friday February 24 without fail.
They said they are investigating allegations of Publication of False Information contrary to Section 23 of the Computer Misuse and Cyber Crimes Act 2018 among other offences in regard to alleged invasion and raid of his home.
“I have reasons to believe that you, Dr Fred Matiang'i, the former Cabinet Secretary, Ministry of Interior and National Co-ordination, is connected to the offence or has information which can assist me in my investigations,” said part of the summons which were not signed.
Head of Serious Crime Unit Michael Sang sent the summons saying he is investigating the issue. A team of detectives went to the ex-CS's home but did not find him.
Matiang'i is out of the country since Sunday. He said he was not aware of the summonses.
“I am out of the country and I don’t know. However I will see what to do,” he said.
This came as a court extended conservatory orders on police stopping them from harassing or arresting him.
Justice Justus Bwonwong’a extended the conservatory orders which were ending Thursday to now run up to April 19 when the matter will be mentioned.
Two weeks ago, Justice Kanyi Kimondo had temporarily stopped the former CS's arrest pending hearing of an application filed in court challenging his imminent arrest.
The file was placed before Justice Bwonwong’a because judge Kimondo was away.
Matiang’i's lawyers Danstan Omari and Sam Nyaberi asked the court to extend the orders issued by judge Kimondo.
The ex-CS had also been granted a Sh200,000 personal bond.
In his case, Matiang’i argues that he is under imminent threat of arrest by the police and is justifiably apprehensive that his constitutional rights are being violated.
He claims 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 for ulterior political motives.
He wanted the court to issue conservatory orders restraining the state, their servants, agents, junior officers and/ or anybody from effecting and/or anybody from arresting, charging or harassing him.
Omari himself got a reprieve after a High Court judge stopped the DCI from summoning him. This is in regard to the alleged February 8 botched raid on the home of Matiang'i.
The government has denied there was such a raid and accused the former CS and his lawyers of spreading false information.
This prompted an “investigation” into the incident hence the summoning of Omari who is Matiangi’s lawyer.
The DCI summoned him on Tuesday, saying they wanted him to record a statement on February 22.
He pushed the session to February 23 as he moved to the High Court seeking protection.
Justice Jairus Ngaah issued the orders stopping the DCI from harassing or summoning the lawyer over the issue. He said the case will be mentioned on March 8.
The Law Society of Kenya condemned the action by the DCI to summon the lawyer.
LSK chairperson Nairobi branch Helene Namisi said summoning Omari is being used as tactics to instil fear and trepidation in their member while executing his duties.
“We strongly condemn the action taken by the DCI in attempting to curtail the advocate’s freedom of expression as provided under Article 19 of the Constitution. As per Section 134 of the Evidence Act, CAP. 80 the DCI should respect Advocate-Client privilege,” she said.
Namisi said lawyers in Kenya have been intimidated in the recent past by external forces that attempt to limit their rights to representation and expression.
“We are outraged and apprehensive about the environment in which Kenyan lawyers have to practice. The advocate’s security is now in question as the body which is meant to work with the lawyers in dispensation of justice, is now exerting undue pressure to frustrate the existing advocate-client relationship between the said advocate and his client, Dr. Fred Matiang’i,”Namisi said.
She said the heightened fear makes them remember the recently concluded case of advocate Willy Kimani as they continue to mourn the deaths of other advocates like Jared Ratemo, Stephen Mburu, and Antony Ngujiri among others.
Namisi called on LSK members to turn up at DCI headquarters on Thursday at 12:30pm as a sign of solidarity with Omari. This has however been stopped by the court.
LSK president Eric Theuri vowed to personally represent Omari at the DCI. “We have asked the DCI to defer the summons issued to Danstan Omari to February 27, 2023, when I will personally represent him. LSK will not countenance any violation of the Client/Attorney privileges. We shall robustly defend our right to practice as by law provided,” he said.
Last Wednesday, police raided Matiang'i home and carted away server of CCTV camera. They broke doors at the home as they ransacked it for the CCTV for footage on an earlier aborted raid which was denied by the government.
DCI Mohamed Amin said then they had made significant progress in the ongoing investigations surrounding allegations of a raid in the home of the former Cabinet Secretary on the night of Wednesday, February 8 2022.
“After a comprehensive investigation, the DCI has determined that no complaint has been made at any police station regarding the alleged raid. Through our efforts, we have recorded statements from the VIP police deployed to Matiang'i's residence on the night in question, as well as statements from the private security company guarding the property,” he said.
He added they have also taken note of the allegations made by lawyers who held a meeting with Matiang'i before the complaint was lodged on live TV, including a claim that there were 200 lawyers surrounding the former minister to shield him from the police officers.
“We will continue to gather information from all parties involved in this matter. This afternoon, our officers obtained a search order to obtain CCTV recordings from the home of the former Interior Cabinet Secretary to establish the facts surrounding the alleged raid," he said.
“Upon completing our investigation, we will take action if any officers from any security agency were involved in any unauthorised activities, or if any false information was knowingly disseminated by anyone to the public,” he added.
Amin added that the DCI is committed to conducting impartial investigations and upholding the rule of law. “We take all allegations seriously and will continue to work diligently to bring the truth to light.