Noordin Haji, the head of the department of public prosecutions (DPP), stated that he is studying the file on charges made by Fred Matiangi, a former interior cabinet secretary, that security personnel searched his Karen residence on February 9.
The decision to charge the former prominent security boss will be taken in due course, according to a statement made by Haji on Wednesday.
"The duplicate filing herein will be examined, and a determination thereupon will be rendered in due time, based on the evidence, facts, law, and the Decision to Charge," he said.
The DPP reaffirmed his office's dedication to maintaining the rule of law and respecting everyone's right to a fair trial.
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The DPP released a statement a day after Matiangi testified before the Directorate of Criminal Investigations (DCI) to provide additional details regarding the incident in question.
The DCI filed allegations of conspiracy to conduct a criminal and publish false information against the former security chief.
Matiangi will be charged with disseminating false information to cause fear, according to a charging document from the Directorate of Criminal Investigations (DCI).
According to the criminal complaint filed against him, "between February 8 and February 9, 2023, at Karen Ngong View Estate in Nairobi County, Republic of Kenya, to incite fear, anarchy, or violence among Kenyan citizens, along with another who published in the media that his home had been raided by a battalion or garrison of police officers intending to arrest you, a fact you knew to be false.
The investigators also advised Matiangi not to remark on the situation because they could be used against him in court.
Maurice Shiraho, a Chief Inspector of Police assigned to the Investigation Bureau of DCI Headquarters' Serious Crimes Unit, warned the audience. "I caution you that you are not required not to speak until you want to, but everything you say shall be taken down in writing and may be given as evidence in court," he said.
Matiangi's lawyer Danstan Omari claimed that detectives were still to agree on the day the former security boss would be charged.
"They are attempting to determine the day on which he will be accused, but the court has final say. We reject," he remarked.