A Nairobi High Court on Wednesday suspended DCI orders requiring Lawyer Danstan Omari to appear before them for a probe over allegations that police raided the home of former Interior CS Fred Matiang'i.
Justice Jairus Ngaah certified the matter as urgent and allowed Omari to file a substantive motion within seven days during which he will also be required to serve the respondents.
The case has been set for motion on March 8 to provide further directions on the matter.
Omari told the court that the DCI is acting in bad faith by summoning him.
The lawyer was to appear at the DCI headquarters today, Thursday, February 23. He was to appear on Wednesday but it was pushed to Thursday after he said he had to attend numerous court cases.
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Through his Lawyer Dorcas Mwae, Omari said the police are not acting on a legitimate complaint either by his client or any other complainant and there is no justification for commencing investigations against him.
Omari questioned why the DCI has not summoned Matiang’i himself or Azimio leader Raila Odinga for questioning who were heavily involved in the matter.
“Quite telling is the fact that neither the client nor H.E Raila Amolo Odinga have been summoned to record their statements despite the latter addressing the media on the night of the raid,” the court papers read.
He claimed the summon seek to victimise, harass, silence and intimidate him for acting for his client.
“The Notice is therefore a clear attempt to victimize me for putting up a spirited defence for my client and is only meant to harass, silence and intimidate me, and by extension all Advocates of the High Court from exercising their noble duty of advancing the rule of law,” Omari argues.
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