Omari Points Out Mistake In Failed DCI Summons To Matiang'i

Former Interior Cabinet Secretary (CS) Fred Matiangi's lawyer Danstan Omari faulted the summons issued to his client by the Directorate of Criminal Investigations (DCI) ordering him to present himself for questioning over the alleged night raid of his Karen residence on Wednesday, February 8. 

Speaking on Friday, February 24 outside the Milimani Law Courts, Omari dismissed the alleged summons noting that neither the former CS nor his legal representatives had received such a directive.

He opined that the law compels investigative agencies to serve summons in person to individuals it is targeting for questioning, a matter that was not followed when Senior Superintendent of Police Michael Sang directed Matiang'i to appear at the DCI headquarters along Kiambu Road on Friday without fail.

Omari also pointed out that the summons was not signed and witnessed by at least three senior police officers before being issued to the embattled former CS and that the legal team of the summons' target should have confirmed receipt of the orders in writing.

Lawyer Danstan Omari outside Milimani Law Courts during a past media address. /FILE

"A proper summon under the NPS Act must be signed and witnessed by police officers. Show me one where the police have signed similarly to mine where there were three signatures of police officers," said Omari in reference to an earlier DCI summon that directed him to present himself for questioning on grounds that he could have published false information regarding the alleged police raid on February 8, grounds Matiang'i was also accused of.

"A summon must be served in person to the person it is targeting. Show me a summon that has been served to Dr Fred Matiang'i and he or his advocate has put a signature there."

Omari further bashed the DCI for not following procedures on how summons ought to be served, even though he took note of the High Court order barring the DCI from arresting Matiang'i despite not stopping him from being investigated by the agency.

The lawyer however promised to have Matiang'i present himself at will for questioning, if the DCI follows the set guidelines on summons.

"Matiang'i has nothing to hide but the investigation must be done within the law. You can see the mode of operation of the new DCI, a complete departure that proves that somebody doesn't know how the law is to be applied in the serving of summons.

"When my client will be served within the law, he will be the first one to appear before any investigative agency in this country," added Omari.

He further threw away any rumours indicating that Matiang'i was not willing to obey the law as political hot air and propaganda from the DCI.

"Any narrative to show Matiang'i as somebody not ready to comply with the police is politics, it is hot air from the DCI and that is why we have put it to the attention of the entire country."

Omari did not reveal the whereabouts of Matiang'i, who has not been seen in public following the alleged raid, but revealed that he has been in constant communication with the former minister whom he stated remains safe for now. 

Sang compelled Matiang'i to appear at the DCI headquarters along Kiambu Road at Mazingira House on Friday, February 24, 2023, at 09.30 AM without fail. He warned Matiang'i that failure to comply with the requisition constitutes an offence liable to prosecution.