The High Court, on Tuesday, April 25, directed the former Interior CS Fred Matiang'i, the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP) to file an agreement for the withdrawal of the charges over an alleged raid at his Karen home.
Speaking to Kenyans.co.ke, Matiang'i's lawyer Danstan Omari confirmed that the former CS would immediately adhere to the court directive.
"We will sign an adoption of the directives," Omari stated.
DPP Noordin Haji had, on Wednesday, March 13, applied to withdraw the case citing insufficient evidence.
He further tasked the DCI to provide tangible evidence against Matiang'i and his lawyer Omari.
“Upon independent and thorough analysis of the evidence availed and a review of the statements of the witnesses, the DPP found that the evidence provided was insufficient to sustain the above charges against Matiang'i and Omari.
"The evidence provided did not meet the ingredients needed to prove each of the afore-mentioned offences as required by law,” Haji stated back then.
DCI had sought to prosecute Matiang'i and Omari over conspiracy to commit a felony contrary to section 393 of the Penal Code and Publication of false information contrary to section 23 of the Computer and Misuse and Cybercrime Act No. 5 of 2018.
This stemmed from an incident on Wednesday, February 8, where Omari accused security officers of raiding his client's home in a witchhunt.
The police vehemently denied the accusations, and on Tuesday, March 7, Matiang'i was grilled for hours by DCI to ascertain the truth behind the alleged raid.
At the time, Omari revealed that the DCI officers refused to prepare a charge sheet but attempted to take a mug shot of the former Interior CS.
Although Matiang'i has been conspicuously missing in opposition rallies, Azimio Leader Raila Odinga led a protest at DCI Headquarters along Kiambu Road, demanding his release.
With the new court ruling and Omari agreeing to the High Court's request, the case will be officially closed without Matiang'i being arraigned.
A Truce With Ruto?
Prior to the DPP applying to withdraw the case, Matiangi met Education CS, Ezekiel Machogu, at a hotel in Nairobi, with analysts speculating a truce between the former Interior CS and President William Ruto.
Other Gusii leaders and Ruto's allies attended the meeting in a bid to unite the Gusii nation.
The meeting between Matiang'i and the Education CS also coincided with President William Ruto's visit to Kisii and Nyamira counties on Thursday, March 23.
