The Director of Public Prosecutions (DPP) Noordin Haji has received a report detailing the investigations outcome of the alleged raid on former Interior Cabinet Secretary (CS) Fred Matiang'i's Karen home in Nairobi.
This is after Matiang'i, who is accused of staging the raid on February 8, appeared before the DCI for interrogation on Tuesday, March 7.
The DPP says he will review the report and advise on appropriate action.
If satisfied with the investigation findings, Haji might recommend Matiang'i's prosecution.
If the probe report has gaps that need further investigations, he might return the file to the DCI and recommend probe into areas that need more answers.
If he weighs the case and sees that he would likely lose should he charge Matiang'i in court, the DPP might throw out the DCI's report.
"The file will be reviewed and a decision shall be made in due course, based on evidence, facts, the law and the Decision to Charge Guidelines 2019," Haji said in a press statement dated Wednesday, March 8.
The DCI have proposed that Matiang'i be charged with two offences - conspiracy to commit a felony and publication of false information.
An offence sheet, drawn by Chief Inspector Maurice Shiraho on Tuesday, said the DCI were investigating the former minister on two counts.
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."