A judge has extended orders barring security agencies from arresting former Interior Cabinet Secretary Fred Matiang’i over an alleged police raid at his home, pending the conclusion of an ongoing out-of-court settlement deal.
Justice Kanyi Kimondo also granted the office of Director of Public Prosecutions, Directorate of Criminal Investigations and Dr Matiang’i one week to conclude the truce process.
The agreement concerns the withdrawal of the petition filed by Dr Matiang’i challenging any arrest or prosecution over the alleged raid by an elite police squad at his Karen home in February this year.
Dr Matiang’i’s lawyer, Danstan Omari, told the court that the DPP had written to the DCI directing them to stop investigations into the matter.
He added that the DPP had also directed the office of DCI not to take further police action on the issue related to the alleged police raid.
The lawyer stated that the DPP had issued a press statement directing the DCI to close the investigations.
“We have instructions to close the investigations file pertaining to the applicant, this was communicated to the DCI. We are requesting for a mention date so that we can have the consent placed before the court to confirm the same,” said a State counsel confirming Mr Omari’s assertions.
The case was fixed for mention on June 7 to confirm that the dispute has been settled outside of court and that the parties have filed consent.
Dr Matiang’i filed the petition after the police allegedly raided his home in Karen, Nairobi on the night of February 8 and 9, 2023.
He claimed that he was living under a cloud of uncertainty as to his liberty owing to the threat of his arrest by the police.
“I am apprehensive that my constitutional rights are being violated,” he said.
He alleged that the powers of the police to arrest were being abused and maliciously misused to harass, intimidate and oppress him.
The former Cabinet Secretary had also claimed that the scheme to have him arrested was formulated on January 30, 2023, in Mombasa.
“I was informed that the scheme to have me arrested was formulated on the 30th January 2023 at the sidelines of the 16th Annual General Meeting and Africa Prosecutors’ Association (APA) Conference held at Mombasa,” he said in an affidavit.
The conference was attended by President Ruto and he met DPP Noordin Haji on the sidelines of the forum.
In the suit, Dr Matiang'i sought orders stopping the DPP, DCI, Inspector General of Police, National Police Service and Ethics and Anti-Corruption Commission (EACC), from arresting and prosecuting with any offence in court.
But Mr Haji dismissed the allegations and challenged Dr Matiang’i to produce evidence of the allegations.
“I have looked at his application in court and he has alleged that the President (William Ruto) and I met on the sidelines to plan in Mombasa when we had the Africa Prosecutors’ Association (APA) Conference to plan against him. That itself is a perjury and I will take him to task…I will take that affidavit to task because it is unacceptable,” said the DPP.
“Let him table evidence that we did that. We had several Attorney Generals from all over Africa on the sidelines and I have the evidence that nothing like that happened. I take great exception that people are continuing to commit perjury,” he continued.
In the court papers, Dr Matiang’i added that for the 10 years (2013-2022) he served in the Cabinet, he had no unanswered audit queries.
“I have never been arrested or charged in any court for any offence in relation to the exercise of my duties in the various dockets that I headed,” he said.
