DPP Drops Charges Against Matiang'i
The Office of the Director of Public Prosecution (ODPP) stated on Monday, March 13 that...
admin
Former Interior Cabinet Secretary Fred Matiang’i will not be charged with conspiracy to commit a felony and publication of false information regarding the alleged raid at his Karen residence on Wednesday, February 8.
The Office of the Director of Public Prosecution (ODPP) stated on Monday, March 13 that the evidence provided by the Directorate of Criminal Investigations (DCI) against Matiang’i and his Lawyer Danstan Omari was insufficient to sustain the said 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 Omani.
"The evidence provided did not meet the ingredients needed to prove each of the afore-mentioned offences as required by law,” ODPP said, directing the DCI to close the inquiry file with no further police action.
Former Interior CS Fred Matiang'i at DCI headquarters on March 7, 2023. /FILE
The DCI had recommended to the DPP for the prosecution of Matiang'i and Omari for Conspiracy to commit a felony contrary to section 393 of the Penal Code and Publication of false information contrary to section 23 of the Computer and Misuse and Cybercrime Act No. 5 of 2018.
It had accused the former CS of attempting to generate panic and ignite chaos or violence among members of the public.
“On February 8, 2023, at Karen Ngong View Estate within Nairobi County in the Republic of Kenya with intent to cause panic, chaos or violence amongst citizens of Kenya jointly with others published in the media that your house had been raided by a battalion and or “garrison” of officers intending to arrest you, a fact you knew to be false,” the DCI charge sheet read in part after Matiang'i's grilling on Tuesday, March 7.
The DCI also indicated their decision to sue Matiang'i for the offence of misusing his digital communication technologies, informed by the publication of fake news regarding the alleged raid on the night of February 8.
Matiang'i had risked being hit with fines or jail terms as depicted in the Computer Misuse and Cybercrimes Act, of 2018. Anyone found guilty of flouting this law faces a maximum jail term of ten years or a Ksh5 million fine or both.
"A person who intentionally publishes false, misleading or fictitious data or misinforms with the intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding Ksh5 million or to imprisonment for a term not exceeding two years, or to both," the Law states.
The Computer Misuse and Cybercrimes Act is even harsher on malicious people who take part in the spreading of false information against individuals or the state.
"A person who knowingly publishes information that is false in print, broadcast, data or over a computer system, that is calculated or results in panic, chaos, or violence among citizens of the republic, or which is likely to discredit the reputation of a person commits an offence and shall on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years, or to both," it adds.
Attention was also turned to another section of the Act which features a Ksh1,000 fine for anyone found guilty of forwarding copyrighted digital publications on social media.
DCI boss, Mohamed Amin, had previously accused Matiang'i of stage-managing the whole event while releasing the findings of the investigations carried out on the alleged police raid, in which they found that none of the cases has reached the stage which requires the assistance of Matiang'i, even though DCI treated them seriously.
On the other hand, Omari was summoned by the DCI on February 21 for questioning regarding the alleged raid at Matiang'i's home. The High Court on Thursday, March 9 extended orders barring the DCI from summoning Omari and ordered DCI not to interfere with the lawyer's daily routine until the case was mentioned on April 18.
Omari however filed an application under the certificate of urgency on February 21 asking the High Court to quash the summon.
Lawyer Danstan Omari outside Milimani Law Courts during a past media address. /FILE
![MP Kuria Kimani On Govt Controlling Media After Moving All Ads To KBC [VIDEO]](https://viraltea.co.ke/uploads/images/202405/image_140x98_66327d0cc61d2.jpg){kind=small}
