Two Charges That Could Land Matiang'i In Jail

Former Interior Cabinet Secretary Fred Matiang’i will 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, his lawyers have said.

The Directorate of Criminal Investigations (DCI) indicated in its charge sheet that the former CS had attempted to generate panic and ignite chaos or violence among members of the public.

The detectives preferred the charges against him after he was grilled at the DCI headquarters on Tuesday, March 7.

Former Interior CS Fred Matiang'i at DCI headquarters on March 7, 2023. /FILE

“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.

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 is in danger of 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 Wednesday, February 15, police officers for the second time in a week raided Matiang'i's home in Karen, with eight DCI vehicles spotted at the compound during an operation which was supposedly meant to retrieve CCTV footage.

"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. Upon completing our investigation, we will take action if any officers from any security agency were involved in any unauthorized activities, or if any false information was knowingly disseminated by anyone to the public," Amin revealed in a statement on the same day the raid occurred.