Lawyer Danstan Omaris's date with the Directorate of Criminal Investigations (DCI) will have to wait after the court issued an order to stop the DCI from committing any criminal investigations against the lawyer.
The court order issued reads, "The application is as a result of this certified urgent. Leave is granted in terms of prayers 2, 3 and 4 of the summons. Leave granted shall operate as stay in terms of prayer 5 of the summons,"
"The substantive motion shall be filed and served within seven days of the date of this ruling. The response to the motion shall be filed and served within seven days of the date of service of the ruling,".
This court order comes after the DCI had summoned the lawyer to answer questions relating to his client's case, fred matiangi. The DCI claim that matiangi faked the raid at his home. The law society of Kenya has condemned the summons given to the lawyer saying that the investigative body was trying to intimidate the lawyer from defending his client.
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LSK Nairobi Branch chair said they are outraged and apprehensive about the environment in which Kenyan lawyers have to practise. The Advocate's security is now in question as the body which is meant to work with the lawyers in the dispensation of justice is now exerting undue pressure to frustrate the existing Advocate-Client relationship between the said Advocate and his client, Dr Fred Matiang'i
The lawyer had been asked to submit himself to the DCI on Tuesday the 21st of February without fail. danstan omari did not appear before the body, citing that he had a lot of work at the moment but would avail himself when he gets time.
Danstan omari represents former interior cs fred matiangi in the case where the police raided his residence. The police have denied the raid and accused matiangi of faking the invasion.