Matiang'i Lawyers Move to Court After Police Raid

Former interior Cabinet Secretary Fred Matiang'i addressing the media following a security meeting in Kisii on Tuesday, August 2, 2022.
Former interior Cabinet Secretary Fred Matiang'i addressing the media following a security meeting in Kisii on Tuesday, August 2, 2022.
Ministry of Interior

Update: Thursday, February 9, 2023, 4.35 p.m: The High Court in Nairobi grated former Interior Cabinet Secretary (CS) Fred Matiang'i anticipatory bail.

Matiang'i, through his team of lawyers, told the court that he faced the threat of arbitrary arrest and his rights being violated. 

The bail is granted if an applicant proves to the court that their right to liberty is likely to be compromised or breached by a state organ charged to protect their right.

This means that Matiang'i can neither be arrested nor charged by the police or any investigating authority unless the bail is lifted, through a court process.


Former Interior Cabinet Secretary Fred Matiang'i moved to court over the alleged late-night police raid at his Karen home.

On Thursday, February 9, Matiang'i's lawyers reported that the police attempted to unlawfully arrest their client.

The lawyers claimed that some police officers loyal to the former CS tipped him off of the planned arrest causing him to raise an alarm.

Former CS Fred Matiang'i's lawyers led by Danstan Omari address the press outside Milimani Courts on Thursday, February 9, 2023
Former CS Fred Matiang'i's lawyers led by Danstan Omari address the press outside Milimani Courts on Thursday, February 9, 2023.
Photo/Danstan Omari

"...has received credible information from officers of the Kenya police that they are under express instructions to arbitrarily capture and arrest him with a view of arraigning him in court for ulterior political motives".

Consequently, Matiang'i asked the court to grant orders to stop the police from arresting or charging him. 

"We seek in the interim that justice should reign. In as much as there would probably be something purported to have been done by Matiang'i, let him be given every civil right entitled to every citizen in the country," one of his lawyers stated.

A second lawyer claimed that the former interior boss should have been served with a warrant of arrest and the Wednesday night incidents amount to threats.

Meanwhile, the former CS is yet to make any public appearance since the alleged raid. On February 8, lawyer  Danstun Omari claimed that his client's life was in danger.

"They want to arrest our client for no offence disclosed. I can confirm to every Kenyan in this country that the life of Matiang’i is at risk; we don’t know the intention of wanting to invade Matiang’i’s home at this time of the night," Omari remarked.

Azimio leader Raila Odinga made his way to Karen, where he condemned the government for using the police to fight political battles.

The Inspector General of Police Japhet Koome denied claims that officers from the National Police Service (NPS) raided the Karen residence.

In addition, the Ethics and Anti-Corruption Commission (EACC) Chief Executive Officer (CEO) Twalib Mubarak also distanced the Commission from the raid.

Inspector General of Police Japhet Koome
Inspector General of Police Japhet Koome
File
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