High Court bars DCI from investigating lawyer Danstan Omari
The High Court has barred police from summoning lawyer Danstan Omari to probe him over an alleged police raid at the former Interior Cabinet Secretary Fred Matiangi’s home.
Justice Jairus Ngaah barred the police from recording a statement from Omari following an urgent application by Dorcus Mwae challenging the decision by DCI to summon him for interrogation.
“The leave granted herein shall operate as a stay of enforcement of the undated Notice to Compel Attendance under Section 52(1) of the National Police Service Act, No.11A of 2011, compelling Omari to appear before the DCI on February 22, 2023, to give information in connection to the invasion and raid of the residence of the Matiang’i,” Justice Ngaah ordered.
The judge further certified the lawsuit filed by Omari as urgent and permitted him to file a substantive petition seeking to bar the Inspector General of Police, Directorate of Criminal Investigations, and the Director of Public Prosecutions from compelling him to give information in connection to the invasion and raid of the Karen residence of Matiang’i with seven days.
Said the judge: “Omari be granted leave to apply for an order of prohibition to prohibit the IG, DCI and DPP from commencing any further criminal investigations against him, from recommending the prosecution, arresting and questioning him in respect to his performance of his professional functions in the Advocate/Client relationship between him and Matiang’i.”
Justice Ngaah directed the substantive suit be filed and served within seven days from February 23,2023.
The response to the motion shall be filed and served within seven days of the date of service of the applicant’s application.
“The suit shall be mentioned on March 8 2023 for directions on the manner of its disposal. It is so ordered,” the Judge stated.
The directives by the court come after Omari through Ms Mwae filed the case challenging the state decision to summon Omari over allegations of “faking the raid”.
Omari says the actions by police are in bad faith as they are not acting on a legitimate complaint either by Matiang’i or any other complainant.
The vocal advocate says there is no justification for commencing investigations against him.