Former Interior Cabinet Secretary (CS) Dr Fred Matiang’i has been granted anticipatory bail barring police from arresting and detaining him.
High Court judge Justice Kanyi Kimondo granted the orders after Dr. Matiang’i moved to court on the morning of Thursday, February 9, 2023 claiming that he is under imminent threat of arrest by the police and is justifiably apprehensive that his constitutional rights are being violated.
Matiang’i urged the court to issue a conservatory order restraining the respondents, their servants, agents, junior officers and/ or anybody from effecting and/or anybody from arresting, charging, harassing or otherwise however interfering with him.
In granting the orders, the court said that the police are at liberty to investigate Matiang’i on any criminal conduct but will not arrest him following the anticipatory bail.
In documents filed in court, Matiang’i, through his lawyers, claimed that he 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.
“The powers of arrest by the respondents and the Kenya Police are being abused and misused to harass, intimidate and oppress the applicant and his former cabinet colleagues and the former president; and to achieve extraneous political purposes unconnected with upholding the Law,” he submitted.
He claims that on February 9, 2023, his home was raided, surrounded and cordoned off by police officers who were seeking to arrest him.
According to Matiang’i the police officers only retreated after the media and his lawyers arrived.
The Kenyaonlinenews.com has established that the officers arrived at the Karen home of the former CS a few minutes before 10 pm and were attempting to force their way in.
A source said that they arrived in five motor vehicles and were demanding to access to his house but were stopped by his security.
“It is then that he reached out to his lawyers who made their way to his home and started arguing with the officers who have remained silent…they are not saying anything as of now,” said the source who spoke to the Kenyaonlinenews.com in confidence.
A police source also said that the officials who were camping outside the home of the former Interior CS were from the Ethics and Anti-Corruption Commission.
However, EACC boss Twalib Mbarak refuted the claims saying his officers had nothing to do with the raid.
The Kenyaonlinenews.com can reveal the former CS had by Wednesday noon been informed by highly placed sources of his looming arrest.
The former powerful CS who worked closely with former President Uhuru Kenyatta then went ahead and informed his team of lawyers on what was transpiring asking them to be on high alert.
It was not until 10 pm that an elite squad arrived at his Karen home in five vehicles and demanded to gain access into the home of Dr Matiang’I ,who has maintained a low profile ever since President William Ruto took over as Head of State.
Little did the officers know that the former CS who was inside his Karen home had even informed Mr Odinga of what had transpired.
As an argument brewed outside the compound between the officers and Dr Matiang’I’s security team, the team of lawyers arrived, and some went straight into his house where they were allowed to get in.
“This is something that we had already been told was going to happen, but we did not know that they were planning to arrive at his home during the night,” an aide to the former CS who spoke in confidence told the Kenyaonlinenews.com.
The over 20 officers could not make their way into the compound but some of the lawyers led by Mr Dunstan Omari walked in and spoke with Dr Matiang’i.
Omari said lawyers were also at the home of Matiang’i to ‘protect’ him.
“We have put a cordon in his house of more than 200 lawyers protecting our client. We shall not leave here till morning so that when Matiang’i is being arrested we will follow the law,” said Omari.
Azimio leader Raila Odinga who accompanied the lawyers condemned the night action.