The High Court has ordered the Directorate of Criminal Investigations (DCI) from commencing any criminal investigations against lawyer Danstan Omari in relation to the alleged raid at former Interior Cabinet Secretary Fred Matiangi’s home.
The DCI had ordered Omari to appear for questioning on Wednesday but the Law Society of Kenya filed an appeal at the High Court.
“The application is hereby certified urgent. Leave is granted in terms of prayers 2, 3 and 4 of the summons. Leave granted shall operate as stay in terms of prayer 5 of the summons,” reads the court order.
“The substantive motion shall be filed and served within seven days of the data g. The response to the motion shall be filed and served within seven days of the date of service of the ruling,”.
Omari had through his lawyer Dorcas Mwae, Omari argued that investigating him and his client is contrary to the express provisions under article 34(2)(b) of the constitution.
“The nature of the information that the Applicant is required to give, as per the said notice, is privileged under section 134 of the Evidence Act, Cap 80 Laws of Kenya and the said privilege has not been waived by the client’s express consent,” said Omari.
“The Notice to the Applicant is a clear attempt to victimize an advocate for a spirited defense of his client and is only meant to harass, silence and intimidate him, and by extension all Advocates of the High Court from exercising their noble duty of advancing the rule of law,” he argued.
