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Day Matiang’i trashed anticipatory bail that has now gotten him off the hook

By Wangu Kanuri February 10th, 2023 2 min read

Former Interior Cabinet Secretary Dr Fred Matiang’i was on Thursday granted an anticipatory bill of Sh200,000. Ironically, while he served in the Interior docket Dr Matiang’i once trashed the bill, terming it as ‘an invention in the Kenyan Judicial System.’

Dr Matiang’i, who served in former President Uhuru Kenyatta’s cabinet, while quashing the anticipatory order said the order would protect those with criminal intentions.

In a video that has since made rounds on social media after the High Court granted him an anticipatory bail that will protect him arrest by the state, Dr Matiang’i is seen strongly refuting the ‘need’ to have an anticipatory bill.

Also read: Full details of ‘strange’ vehicles spotted at Matiang’i’s home during night raid

“Look, you are the security committee, if Boinett receives an anticipatory order, you prepare to commit a crime then come with an anticipatory order. We are hearing it is an invention in Kenya’s judicial system, an anticipatory order. So you cannot be arrested. You go get the order and break into Hon Muchiri’s house; you have an order. You anticipated making a mistake. You cannot be arrested,” he said.

But in a strange turn of events, the anticipatory bill will now protect him from arrest after his Karen home was raided by elite officers on Wednesday night.

Also read: Matiang’i raid: IG Koome says no police officer was sent to Karen residence

While presenting the anticipatory bill in court, Dr Matiang’i said he is living under a cloud of uncertainty as to his liberty owing to the threat of his arrest by the police.

“I am apprehensive that my constitutional rights are being violated,” he said adding that he believes the powers of the police to arrest are being abused and maliciously misused to harass, intimidate and oppress him.

Justice Kanyi Kimondo, while granting the anticipatory bill, said the police, the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC) were at liberty to investigate any criminal conduct by Dr Matiang’i.

However, he drew the line on arresting or detaining him in view of the anticipatory bill.

Also read: Botched raid – Uhuru mobilised leaders to flock Matiang’i’s Karen home