Matiang'i off the hook as DPP Haji declines to prosecute
Former Interior CS Fred Matiang'i.
Director of Public Prosecutions (DPP) Noordin Haji has directed the Directorate of Criminal Investigations to close an inquiry targeting former Interior Cabinet Secretary Fred Matiang’i on grounds that there isn't sufficient evidence to sustain the charges.
In a letter dated March 13 and signed by Deputy DPP Lilian Obuo, the prosecutor pointed out that he evidence given by the police was short of the requisite factors needed for them to make the decision to charge him in court. Previously, Dr Matiang’i's legal team had indicated that he would be charged with conspiracy to commit a felony and publication of false information regarding an alleged raid at his Karen home.
However, on Monday, the DPP directed that the inquiry be closed with no further police action.
“Upon independent and thorough analysis of the evidence availed 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 said.
Ms Obuo also added that the evidence did not meet the ingredients needed to prove any of the offences the police accused Dr Matiang’i of violating.
“The Director of Public Prosecutions has therefore directed that the DCI to close the inquiry file with no further police action.”
The police wanted the former CS and his lawyer charged after Dr Matiang’i, through his advocates and a contingent of politicians led by opposition chief Raila Odinga, sounded alarm on the night of February 8 saying that an elite squad of police had been sent to raid his Karen home in Nairobi.
However, the State, led by Interior Cabinet Secretary Prof Kithure Kindiki, denied the allegations and said no single police officer had been sent to his home. On February 9, DCI boss, Mohamed Amin also denied the allegations of a raid.
Two weeks later, Dr Matiang’i was summoned to DCI headquarters to answer police queries over the incident.
He, however, did not make it after flying out to the UK on February 19 to attend to a family emergency, his lawyer revealed.
But on March 7, the former Interior CS honoured the summons and presented himself at DCI headquarters where he spent his entire day. After that, the DCI forwarded the file to the DPP for prosecution.
