The security companies at the residence of former Interior Cabinet Secretary Fred Matiangi were not given orders by a Nairobi court to turn over CCTV footage of the alleged police raid.
Senior Principal Magistrate Wandia Nyamu stated in her decision that all parties must hear such an application.
She ordered that Bob And Morgan Security and Amsec Security Company receive notice of the application and that a hearing between the parties occurs on March 7.
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Danstan Omari, Samson Nyaberi, Shadrack Wambui, and Paul Macharia, Matiangi's legal team, informed journalists at the Milimani Law Courts that the DCI must follow the proper legal procedures when filing such an application.
They claimed that because the Robbery with Violence Act has now been ruled unconstitutional by a superior court, the application filed under that law is illegal.
They claimed the former CS insisted there had been a police raid rather than a robbery at his home.
The attorneys noted that a similar request is in the Kiambu Law Court. Still, the presiding magistrate declined to issue any orders requiring the production of the two security companies' CCTV footage.
They said that the DCI should stop going on court-hopping expeditions and treat the current situation seriously since it posed a security risk for the former CS.
In their subsequent investigations, the Amin Mohammed-led agency stated that Matiangi had stage-managed the raid.
The application submitted in court said, in part, that "This Honorable Court should issue an order ordering the management of Bob Morgan Security Services Limited (the Respondent), or through his/her nominee, to give DCI Cyber forensic expert access and extract, the CCTV material."
The DCI has requested the Nairobi magistrate court, claiming they are looking into an alleged attempted robbery against section 297 of the Penal Code.
According to Matiangi's attorneys, officers selected from an elite squad paid him an unannounced visit at home.
Later, both Mohammed and Inspector General of Police Japhet Koome denied authorizing the raid at Matiangi's house.
According to Mohammed, "The DCI confirms this was a planned and malicious attempt to distribute false information and engender panic; this is nothing more than the purest example of incorrect information.
To put the case to rest, the investigators made it clear in the application that they were eager to learn who visited Matiangi's house.
The application said there was a need to collect the CCTV footage for evidentiary purposes because preliminary investigations had revealed that the respondent was staffing CCTV cameras that covered the aforementioned residential Karen Ngong view within Karen.
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