Danstan Omari Summons By DCI Stopped

A Nairobi High Court on Wednesday, February 22 suspended a summon requiring former Interior Cabinet Secretary Fred Matiang’i’s lawyer Danstan Omari to appear before the Directorate of Criminal Investigation (DCI) officers for questioning.

Justice Jairus Ngaah directed that the notice urging Omari to appear at the DCI headquarters be suspended until the case is heard and determined.

The matter was further certified as urgent after Omari filed an application under the certificate of urgency on Tuesday, February 21, 2023, asking the High Court to do away with the DCI summons.

Lawyer Dunstan Omari at ex-CS Fred Matiang'i's home on February 15, 2023. /CITIZEN TV

"Leave is granted in terms of prayers 2, 3 and 4 of the summons," Justice Ngaah ordered the DCI not to compel Omari to appear before it. 

"Leave granted shall operate as stay in terms of prayer 5 of the summons. The substantive motion shall be filed and served within seven days of the date of this ruling," the judge further ruled, urging the DCI to strictly observe the orders and not to interfere with Lawyer Omari's daily routine as provided in the orders.

Justice Ngaah allowed Omari to file a substantive motion within seven days during which he will also be required to serve the respondents.

The case has been set for mention on March 8, 2023, to provide further directions on the matter.

Omari was scheduled to appear before police senior superintendent Michael Sang at 9:30 am without fail amidst an appeal by the DCI for Omari to furnish them with any information that may be of help to the detectives in ongoing investigations on the raid at former Interior Cabinet Secretary (CS) Fred Matiang'i's Karen home, which happened on two occasions in the span of one week.

He however failed to do so, asking for the summons to be pushed to the following day as he was dealing with a number of cases.

Through his Lawyer Dorcas Mwae, Omari claimed that the police are not acting on a legitimate complaint either by his client or any other complainant and there is no justification for commencing investigations against him.

Omari further wondered why the DCI has not summoned Matiang’i himself or Azimio leader Raila Odinga for questioning who were heavily involved in the matter.

“Quite telling is the fact that neither the client nor H.E Raila Amolo Odinga has been summoned to record their statements despite the latter addressing the media on the night of the raid,” the court papers read.

He further claimed the summons had sought to victimise, harass, silence and intimidate him for acting for his client.

The opposition, led by Azimio leader Raila Odinga, also slammed the summons, terming them a plot by the state to harm both Omari and Matiang'i.