The High Court has given an order prohibiting the police from summoning lawyer Danstan Omari in connection with an alleged police raid at his client's former Interior Secretary Fred Matiang'I's Karen home.
After the parties filed and served their responses to the petition, the court requested that the matter be mentioned on April 18 for further direction.
The Inspector General of Police koome has filed his responses, claiming that lawyer-client privilege does not apply to acts that constitute a criminal offence. His client, the former interior cs, is to be charged with conspiracy to commit a felony over the alleged raid at his residence.
According to the charge sheet obtained from the Directorate of Criminal Investigation (DCI), Fred Matiangi is accused of instilling fear, chaos, or violence among Kenyans by claiming that his home had been plundered by an extraordinary unity of officers who wanted to arrest him.
Did you read this?
Matiang'i is also charged with publishing false information violating Section 23 of the Computer Misuse and Cybercrimes Act.
While opposing Lawyer Danstan Omari's application, koome claims that Omari has not presented any evidence to prove that he is or has been pressured to disclose privileged communication with his client Matiang'i.
"The police in their capacity as an investigative agency are statutorily permitted to summon any person for purposes of interrogations …..the summons to a person suspected of the commission of a criminal offence are constitutionally envisaged under Article 47(1), (2) as read together with Article 50(1)," court papers read.
The police have further asked the court not to grant Omari's requested orders, claiming that doing that will deny them their mandated duty to detect and investigate the matter. danstan omari had moved to court claiming that the frequent summons violated his rights as a lawyer by the police.
