On Monday DPP Noordin Haji rejected the charges leveled against former Interior CS Fred Matiang'i.
Shortly after, a photo of Matiang'i and First Lady Mama Rachel Ruto went viral on social media, with Kenyans speculating on whether the former CS had joined the government.
The Star has established that the photo was taken in 2019, during an event aimed at supporting ladies in prison.
The photo was taken on October 22, 2019, when Matiang'i visited the Cross Stitch International Exhibition at the Michael Joseph Centre.
Mama Rachel opened the annual exhibition on October 19, where the auction proceeds were expected to go towards supporting women who stitched while in prison, persons living with disabilities and albinism.
Prisons fall under the Ministry of Interior and Coordination of National Security, which is why Matiang'i paid a courtesy visit to the centre.
Together we continue to support our ladies in prison and give them hope and dignity.
— Mama Rachel Ruto, EGH (@MamaRachelRuto) October 22, 2019
We also thank PS Zeinab Hussein and the Commissioner General Wycliffe O. Ogallo for walking this journey with us. pic.twitter.com/g8nrTb0Rc3
Prior to the resurfacing of the photo, DPP Haji said the charges against Matiang'i could not stick as the investigating officers had provided insufficient evidence to warrant the charges.
"Upon independent and thorough analysis of the evidence availed and a review of the statements of the witnesses, the Director of Public Prosecutions found that the evidence provided was not sufficient to sustain the above charges against Dr Fred Okeng'o Matiang'i and his advocate Mr Danstan Omari," Haji said.
"The evidence provided did not meet the ingredients needed to prove each of the afore-mentioned offences as required by law."
The DPP directed the DCI to close the file without any further police action.