Court extends orders barring police from arresting Matiang’i

The High Court has extended orders barring police from arresting former Cabinet Secretary for Interior Fred Matiang’i pending investigations into abuse of office allegations.

Justice Justus Bwonwong’a sitting in Milimani High Court Criminal Division extended the orders until April 19 since the trial court judge Kanyi Kimondo was absent on official duties.

The judge ordered the parties to appear before the trial judge on April 19 for further directions on how the matter will be heard.

Bwonwong’a directed an application by Bernadette Nzwii, appearing for the Independent Policing Oversight Authority (IPOA), that authority ought not to have been enjoined was also differed for canvassing before the trial court.

Nzwii application was grounded on the fact that IPOA should not have been enjoined because the authority principally deals with matters where its officers have been and are under investigation. She said Matiang’i is a private citizen and such IPOA has no mandate to investigate him.

However, Matiang’i’s lawyer led Danstan Omari and Sam Nyaberi did inform Nzwii that the application touched on the conduct of their officers and brought a sharp focus to the actions officers and events leading to the filling of the case because it’s the actions of the police officers who allegedly were at the former Interior CS home the night before he filed the application.

Therefore, whether or not IPOA should be struck off of the matter will be decided before Justice Kimondo.

The case was coming up for mention on Thursday, February 23, 2023, for directions to confirm whether the state has filed its responses in the matter.

The court directions now mean that Matiang’i will not be arrested and should continue enjoying the anticipatory bail of Ksh200,000 person bond until April.

In the suit, Matiang’i is seeking orders to stop the Director of Public Prosecution (DPP), Directorate of Criminal Investigations (DCI), Inspector General of Police, National Police Service and Ethics and Anti-Corruption Commission(EACC), from arresting and prosecuting him with any offence in a court of law.

source