How MPs' meeting with President Ruto saved Fred Matiang'i from DCI
Former Interior Cabinet Secretary Fred Matiang’i (left)addresses journalists while flanked by his lawyer Danstan Omari (right)at Directorate of Criminal Investigations headquarters on Kiambu Road in Nairobi on Tuesday last week. Dr Matiang’i had been summoned for questioning over details of the alleged invasion of his home by police officers.
What you need to know:
- On Sunday, Education CS Ezekiel Machogu hosted another meeting of the region’s leaders, which Dr Matiang’i attended, to discuss his predicament with the new government.
- The DCI wanted Dr Matiang'i and his lawyer Danstan Omari charged with conspiracy to commit a felony and publication of false information.
A meeting last week between a section of Gusii leaders and President William Ruto at State House could have brokered a ceasefire even as criminal charges against former Interior Cabinet Secretary Fred Matiang’i were dropped yesterday.
Last Thursday, a day after the Director of Public Prosecutions (DPP) received a police file urging the prosecution of Dr Matiang’i, three first-term opposition MPs met the President at State House with sources saying his woes featured at the talks.
And on Sunday, Education Cabinet Secretary Ezekiel Machogu hosted another meeting of the region’s leaders, which Dr Matiang’i attended, to discuss his predicament with the new government that saw him interrogated over an alleged police raid at his home.
The meeting also sought to quell rising tensions in Gusii that threatened to ruin Mr Machogu’s homecoming planned on March 24, which the President is expected to attend. Hours after this second meeting, DPP Noordin Haji yesterday directed the Directorate of Criminal Investigations (DCI) to close the inquiry targeting Dr Matiang’i on grounds that there isn’t sufficient evidence to sustain the charges.
“Upon independent and thorough analysis of the evidence ... and a review of the statements of the witnesses, the DPP found that the evidence provided was not sufficient to sustain the above charges against Dr Fred Matiang’i and his advocate, Mr Danstan Omari,” part of the letter signed by Deputy DPP Lilian Obuo said.
The DCI wanted the two charged with conspiracy to commit a felony and publication of false information. The directive by the DPP that the inquiry file be closed with no further police action, signalled a possible truce, coming after a flurry of political meetings. However, the DPP’s findings could also mean that there may have been insufficient evidence to prove that police were not involved in his house raid, a scenario that puts the law enforcers into sharp focus.
Corruption
It’s also unclear whether this deal-making will extend to another attempt to have Dr Matiang’i prosecuted over the suspected corruption scandal involving a Sh1.5 billion public land in Ruaraka, Nairobi.
Last Thursday, digital communications strategist and President Ruto’s ally Dennis Itumbi revived his bid for the prosecution of Dr Matiang’i and 25 others over irregular payments made by the government as compensation to compulsorily acquire the 13.7 acres. This is according to letters received by the DPP and the Ethics and Anti-Corruption Commission (EACC) last Thursday.
This is not the first time that Mr Itumbi is attempting to have the ex-CS prosecuted: a previous attempt was thwarted in 2020 after Chief Magistrate Douglas Ogoti ruled that his plea did not meet the required legal threshold for starting a private case against Dr Matiang’i. Last Thursday, on the same day Mr Itumbi’s lawyers were dispatching the letters to the DPP and EACC, MPs Patrick Osero (Borabu), Daniel Manduku (Nyaribari Masaba), Anthony Kibagendi (Kitutu Chache) met President Ruto and reportedly pleaded with him regarding Dr Matiang’i’s predicament.
During the meeting, sources told Nation President Ruto said he did not have a hand in the woes facing Dr Matiang’i, insisting that the issue lies in the hands of investigative agencies.
He also reportedly blamed Dr Matiang’i for the problems facing him, saying, he invited trouble unto himself by “lying about a raid at his house.”
But a follow-up meeting bringing together Dr Matiang’i, Mr Machogu and other senior leaders from Gusii region on Sunday is said to have been the last of the attempts to save the ex-CS.
Nation has established that there are concerted efforts to reconcile Dr Matiang’i with President Ruto. The Sunday meeting was billed as one to rally the region to unite. It was held on Sunday evening at the Centre for Mathematics, Science and Technology Education in Africa, a public institution based in Karen, Nairobi.
Political tension had been building up in the two counties of Kisii and Nyamira which make up Gusii region, largely because of the recent events and what was being projected as harassment of the former powerful minister in President Uhuru Kenyatta’s government.
Sources indicate that the polarised political environment was not considered conducive for President Ruto’s visit to the region. Mr Machogu, Dr Matiang’i, Solicitor-General nominee Shadrack Mose, North Mugirango MP and chairman of the Gusii lawmakers caucus Mr Joash Nyamoko, former MPs Jimmy Angwenyi and Zebedeo Opore, and top Seventh Day Adventist pastors and elders John Simba and Steve Omenge attended the meeting. Mr Omenge is currently the patron of Gusii professionals and former Jubilee campaign manager.
Sources present at the meeting indicated that the gathering had the blessings of President Ruto.
Small fights
“We cannot continue fighting as a community. Other regions are united and protecting their own, whether in the current or former regime. Here in Gusii, we focus too much on small fights which are not useful to anyone. It is time we heeded the unity call and forged forward together,” said Mr Nyamoko.
He explained that other leaders who served in the Kenyatta administration retired peacefully because their communities protected them.
The MP noted that, during the East African Legislative Assembly nominations, the Mt Kenya MPs and senators came together to elect Mr Maina Karobia and Mr Kanini Kega.
“Dr Matiang'i may have stepped on many toes when he was in leadership. He apologised for that. His statement before the burial of former Education CS George Magoha may have irked those in government,” said Mr Nyamoko.
Sources indicated that elders were unhappy with how the government handled Dr Matiang’i, especially breaking into his house.
They said continued persecution of the former CS was causing tension in Gusiiland and should be addressed urgently.
When former President Moi’s regime had issues with the late George Anyona and Simeon Nyachae, some of the elders present in Sunday’s meeting helped quell tensions in Gusii at the time. The elders were categorical that both the government and Dr Matiang’i should respect each other and should any of the parties have any issues, it should be brought before the elders first before getting to the public.
The meeting passed three resolutions, which will see further meetings being held to sort out Dr Matiang’i’s current woes and promote the Gusii community’s unity.
First, all elected leaders from the region are expected to meet soon and hold discussions that will culminate in a meeting with President Ruto. Mr Nyamoko was mandated to organise the Gusii lawmakers meeting soon.
Among emerging issues is how elected leaders should carry themselves going forward.
There have been claims that lawmakers from the region are taking advantage of Dr Matiang’i’s situation to gain political mileage. A case in point is when MPs Zaheer Jhanda and Japheth Nyakundi called for the arrest of the CS at a rally held in Uasin Gishu last week.
Another concern is pro-Matiang’i leaders who are said to be escalating his woes in the name of protecting him but are only advancing their own political interests. The elders are expected to meet again with elected leaders.
Reporting by Justus Ochieng’, Ruth Mbula and Ndubi Moturi
