Lawyer Danstan Omari argued that former Interior Cabinet Secretary Fred Matiang'i did not honour the Directorate of Criminal Investigation (DCI) summon as he was not served personally.
Addressing the media on Friday, February 24, at the Milimani High Court, Omari claimed that the former CS or his lawyers should have signed the letter to confirm receipt.
"A sermon must be served in person to person it is targeted. Show me a sermon served to Fred Matiang'i, and he has put a signature there?" Omari posed.
Additionally, Omari argued that for the summon to be deemed legitimate, it ought be served by three police officers.
"The DCI misled the entire media fraternity and Kenyans into believing that he had issued valid summons to Matiang'i," he claimed.
Other Matiang'i's lawyers Paul Machari and Shadrack Wambui, maintained that the National Police Officer had powers to summon anyone, but they should follow the stipulated procedures.
"The DCI is a creation of the law, appointed under the law… so he must act within the perimeters of the law. Short of that, we will file a petition for his removal," they insisted.
"When he is wanted, we will produce him. He is just a phone call away," the lawyers added.
The former Interior Cabinet Secretary was asked to present himself at DCI Headquarters along Kiambu Road to shed light on the alleged raid at his Karen house.
"I have reasons to believe that you, Fred Matiang’i, the former Cabinet Secretary, Ministry of Interior and National Co-ordination, is connected to the offence or has information which can assist me in my investigations," the letter which Superintendent Michael K. signed Sang read in part.
They accused the CS of abetting in publicising misleading information regarding the alleged raid.
However, DCI Ibrahim Amin has not responded to the loopholes Danstan Omari and other lawyers raised.
