The High Court has stopped the arrest of former Interior Cabinet Secretary Fred Matiang’i.
This is after Justice K. Kimondo admitted the former CS to anticipatory bail by way of personal bond of Sh 200,000.
However, the judge said that the DCI, Inspector General, the Director of Public Prosecution and the Ethics and Anti-Corruption Commission are at liberty to investigate any ctiminal conduct by Matiang’i.
Through lawyer Danstan Omari, Matiang’i moved to court seeking to stop his arrest and prosecution after his house was allegedly raided by investigative agents. The police have however disputed the said allegations.
Matiang’i wanted the court to restrain the police, the DPP and the Ethics and Anti-Corruption Commission from arresting or charging him without conducting investigations and summoning him to appear before any office to record a statement if need be.
The former CS told the court that he had received credible information from officers of the Kenya Police that they were under express instructions to abitrarily capture and arrest him with a view of arraigning him in court for ulterior political motives.
“In the afternoon of 9th February 2023, the applicant’s home was raided, surrounded and cordoned off by police officers who were seeking to arrest him. The police officers only retreated after the media and the applicant’s advocates arrived,” Omari said.
The court heard that Matiang’i has never been summoned to appear before any police station or investigative agency and no arrest warrants had been issued against him, a clear breach of due process.
Matiang’i added that the power of arrest are being abused and misused to harass, intimidate and opress him and his former cabinet colleagues and former President Uhuru Kenyatta; and to achieve extraneous purposes unconnected with upholding the law.
He claims that his woes got worse when he gave a speech at the home of the late Professor George Magoha where he shared the lessons on public service that he had learnt from the deceased.
It is alleged that next day, his security was withdrawn anf and the impending arrest is part of the scheme to harass and silence him forever.
“The 2nd respondent (Inspector General of Police) has already has already demonstrated malicious intent and a clear disregard for the rule of law by abusing due process as evidenced by the reduction and withdrawal of the security officers assigned to the applicant (Matiang’i), therrby exposing him to harm despite the sensitive nature of his last post as cabinet secretary, ” Omari said.
