The High court has extended orders barring the Directorate of Criminal Investigations (DCI) from summoning lawyer Danstan Omari over an alleged police raid on former Interior CS Fred Matiangi’s Karen home.
The court directed that the matter be mentioned on April 18 for further direction after all parties file and serve their responses to the petition.
The Inspector of General of Police had argued that Omari has not tabled any evidence to prove that he is or has been forced to disclose privileged communication with Matiang’i.
“The police in their capacity as an investigative agency are statutorily permitted to summon any person for purposes of interrogations …..the summons to a person suspected of the commission of a criminal offence are constitutionally envisaged under Article 47(1), (2) as read together with Article 50(1),” reads court papers.
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Additionally, the police have said that Omari is trying to stop them from their duty of investigating an alleged crime.
“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.
