The Directorate of Criminal Investigations (DCI) has been barred from investigating City Lawyer Danstan Omari.
The High Court gave orders stopping the DCI from commencing any criminal investigations against him, recommending prosecution, arresting and questioning him, in respect to the alleged raid at former CS Fred Matiangi’s home.
Additionally, Omari also obtained orders stopping him from appearing before the DCI to give information in connection to the invasion and the alleged raid.
“The application is hereby 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,” reads the court order.
“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”.
Matiang’i home raid
Omari had been summoned to appear before the DCI for questioning on Wednesday.
He was required to give information in relation to the alleged raid conducted by the police at Dr. Matiang’i’s home.
His lawyer Dorcas Mwae says the actions of investigating Omari as a lawyer and his client for information and opinions given is contrary to the express provisions under article 34(2)(b) of the constitution.
“The nature of the information that the Applicant is required to give, as per the said notice, is privileged under section 134 of the Evidence Act, Cap 80 Laws of Kenya and the said privilege has not been waived by the client’s express consent,” reads the court papers.
“The Notice to the Applicant is a clear attempt to victimize an advocate for a spirited defense of his client and is only meant to harass, silence and intimidate him, and by extension all Advocates of the High Court from exercising their noble duty of advancing the rule of law,” he argues.
On Wednesday, the Law Society of Kenya (LSK) condemned the summons issued to Omari, saying that they were meant to intimidate, threaten and prevent him from discharging his duties as an advocate and an officer of the court.
