Dr Fred Matiang'i, a former interior cabinet secretary (CS), disregarded a summons from the Directorate of Criminal Investigations (DCI) instructing him to appear for questioning regarding the purported police raid at his home two weeks ago.
Matiang'i was to appear at DCI headquarters on Friday morning without fail after Senior Superintendent of Police Michael Sang issued a directive on Thursday alleging that Matiang'i may have disseminated misleading information on the alleged police raid a week earlier.
On Friday, Matiangi's attorney Danstan Omari spoke outside the Milimani Law Courts and rejected the alleged summons, pointing out that neither the former CS nor his legal counsel had received such an instruction.
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The seasoned attorney claims that although it's the law that people to appear for interrogation should receive summonses in person, and this was not the case when Sang gave his instructions.
Omari noted that the legislation also requires the legal team of the summons' target to certify receipt of the orders in writing and that the warrant must be signed and attested by at least three senior police officers.
"Police officers must sign and attest to the document for it to be valid under the NPS Act. Show me one where the police have signed similarly to mine, where there were three police officer signatures, demanding Omari in response to a previous DCI summons directing him to appear for questioning regarding the same alleged offence Matiang'i committed.
"The target of a summons should be personally served with the summon. Show me a warrant with Dr Fred Matiang'i's signature or the signature of his attorney on it.
Omari criticized the DCI for not following rules on how summons should be given while pointing out that the High Court judgment prohibiting the DCI from detaining Matiang'i does not prevent him from being probed by the agency.
"While Matiang'i has nothing to conceal, the probe must follow all legal requirements. You can observe the new DCI's method of operation, a radical deviation that demonstrates that someone does not understand how the law should be implemented while issuing summonses "explained he.
He stated that Matiang'i would voluntarily show up for interrogation if the DCI followed the established rules for summons.
"When my client is duly served, he will come before any investigating agency in this nation for the first time," said Omari.
Any story that portrays Matiang'i as unprepared to cooperate with the police is a political spin from the DCI, and we have brought this to the notice of the entire nation.
Omari did not provide information regarding Matiang'i's whereabouts, who has not been seen in public since the supposed raid. However, he did indicate that he has been in frequent contact with the former minister, who he claims is still safe for now.
