City Lawyer Danstan Omari can sigh with relief after High Court on Wednesday, February 22, stayed a summon requiring him to appear before the Directorate of Criminal Investigation (DCI) officers for questioning.
In the ruling, Justice Jairus Ngaah ordered that the notice asking Omari to appear at the DCI headquarters for grilling be suspended until the case is heard and determined.
Lawyer Omari filed an application under the certificate of urgency on Tuesday, February 21, 2023, asking the High Court to quash the summon by the DCI.
In response to Omari's application, High Court sitting at Milimani Nairobi, certified the matter as urgent and consequently outlined corresponding orders to both the Applicant and the Respondent.
"Leave is granted in terms of prayers 2, 3 and 4 of the summons," Justice Ngaah ordered the DCI not to compel Omari to appear before it.
Justice Ngaah asked the DCI to strictly observe the orders and not to interfere with Lawyer Omari's daily routine as by the provisions of the orders.
"Leave granted shall operate as stay in terms of prayer 5 of the summons. The substantive motion shall be filed and served within seven days of the date of this ruling," Justice Ngaah ordered.
The Judge further asked the DCI to file responses to Omari's application, seven days after being served by the Applicant.
Accordingly, Justice Ngaah ordered that the matter be mentioned on March 8, 2023, during which further orders will be issued to both the applicant and respondent.
The DCI on Tuesday, February 21, 2023, issued summons to the lawyer to present himself for questioning on Wednesday, February 22, 2023, over the raid at former Interior Cabinet Secretary Fred Matiang'i's home.
The detectives were seeking to question Omari over what they termed as the offense of publication of false information about an ongoing investigation.
Senior Superintendent of the Police Michael Sang warned Omari of serious consequences should he failed to show up for questioning the DCI headquarters.
"Failure to comply with the requisition constitutes an offence liable to prosecution," DCI warned in a statement.
