Lawyer Danstan Omari defended his client, former Cabinet Secretary Fred Matiang'i's inability to release CCTV footage capturing the police raid at his Karen home insisting that it was not his mandate.
Speaking during an interview on Spice FM on Friday, February 10, Omari stated that the burden of proof laid with the state noting that only the police had the investigative powers.
He further explained that the CS did not have the power to get the CCTV footage from the buildings adjacent to his Karen house.
"People are saying that they want us to prove this (the raid) with photos and videos. The burden cannot be shifted to a private citizen. The Directorate of Criminal Investigation (DCI) have the power to go and pick up all the footage.
"Can he (Matiang'i) go to the neighbours and pick up CCTV footage? The answer is no," he stated.
Omari was responding to queries by a section of Kenya Kwanza leaders who had dared Matiang'i to release footage to prove their account of events.
On the other hand, he questioned why security agencies had not gone to Matiang'i's home to get an account of what happened.
According to Omari, his client and the people at the residence had not been asked to write any statement.
Matiangi's lawyer also maintained that there were suspicious men with vehicles outside the home of the former CS noting that they fled once the lawyers got to the homestead.
"The question is, if they had good intentions, why did they take off when the lawyers came?" he posed.
Nonetheless, he criticised the security agencies for rushing to dispute their account of events without establishing what transpired at the CS's home on the night of Wednesday, February 8.
Omari spoke a day after DCI released preliminary investigations into the matter.
According to the report, the alleged raid was choreographed but DCI boss Mohamed Amin promised to take action against those involved.
"Our preliminary findings have uncovered evidence of a well-coordinated and deliberate attempt to spread false information and incite public fear unfortunately spearheaded by a person of the standing of a former Interior Security Cabinet Secretary.
"Peddlers of falsehoods must understand that they will no longer get away with such careless acts targeted at the souls of our cohesion and National Security," the DCI boss stated.
