For more than seven hours on Tuesday, former Interior Cabinet Secretary (CS) Fred Matiang’i remained a guest of the DCI on Kiambu Road, Nairobi.
Matiang’i had arrived at the DCI headquarters at 8:30am to honour summonses by the investigative agency.
As late as 4:20pm, he was yet to finish his session with the detectives.
An offence sheet, drawn by Chief Inspector Maurice Shiraho, said the DCI were investigating the former minister on two counts – conspiracy to commit a felony and publication of false information.
Matiang’i had been summoned to appear before the DCI headquarters to be grilled on the reported raid on his home in Karen, Nairobi on February 8, 2013.
Under the allegation of Conspiracy to Commit a Felony contrary to Section 317 of the Penal Code, the statement by Shiraho said: “You, Fred Okeng’o Matiang’i, between February 8 and February 9, 2023 at Karen Ngong View Estate within Nairobi County in the Republic of Kenya, with intent to cause panic, chaos or violence among citizens of the Republic of Kenya jointly with another, published in the media that your house had been raided by a battalion and or garrison of police officers intending to arrest you, a fact you knew to false.”
The second accusation, under Publication of False Information contrary to Section 23 of the Computer Misuse and Cybercrimes Act No. 5 of 2018, stated: “You, Fred Okeng’o Matiang'i, on February 8, 2023 at Karen Ngong View Estate within Nairobi County in the Republic of Kenya with intent to cause panic, chaos or violence among citizens of the Republic of Kenya jointly with others, published in the media that your house had been raided by ‘battalion’ and or ‘garrison’ of police officers intending to arrest you, a fact you knew to be false.”
Chief Inspector Shiraho cautioned the ex-minister that whatever he said during the interrogation might be used against him in court.
“I caution you (Matiang’i) that you are not obliged to say anything unless you wish to do so, but whatever you say, shall be taken down in writing and may be given as evidence in court.”
Stephen Mogaka, who is a lawyer and MP of West Mugirango Constituency, was among leaders who accompanied the former CS to the DCI headquarters.
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“The investigators framed their two areas of interest to which the former Interior CS, on advice of his legal team, invoked his constitutional right to remain silent. The investigation team, which appeared to be receiving orders from elsewhere, threatened to arrest the CS,” Mogaka said in a statement.
“The legal team reminded the investigators that there is a court order (anticipatory bail) restraining any such intended arrest. The frustrated investigators retreated to ‘consult’ and are dead determined to violate the court orders and arrest the CS,” alleged Mogaka.
In the afternoon, Azimio la Umoja-One Kenya leader Raila Odinga arrived at the DCI headquarters, but was denied entry into the offices, forcing him to drive away shortly thereafter.