Court issues order to stop criminal investigation of city lawyer Danstan Omari.
City lawyer Danstan Omari can now breathe a sigh of relief after the High Court sitting in Nairobi on Wednesday issued an order that bars the Directorate of Criminal Investigation (DCI) from initiating any criminal investigation, arresting, or questioning him over the alleged raid at former CS Fred Matiangi’s home.
Furthermore, the court also ordered that Danstan Omari should not be required to appear before the DCI to provide any information related to the invasion and alleged raid.
“The application is hereby certified urgent. Leave is granted in terms of prayers 2, 3 and 4 of the summons. Leave granted shall operate as stay in terms of prayers 5 of the summons,” read the court order.
“The substantive motion shall be filed and served within seven days of the date of this ruling. The response to the motion shall be filed and served within seven days of the daye of service of the rulling.”
Senior Superintendent of Police Michael Sang, on behalf of the DCI, issued a notice on Tuesday summoning the lawyer to appear before him on Wednesday at 9.30 am. The notice stated that Omari was required to provide information about the alleged raid that took place at Dr. Matiang’i’s home.
Through his lawyer, Dorcas Mwae, Omari argues that investigating him and his client for the information and opinions provided is in violation of Article 34 (2) (b) of the constitution, which expressly provides for the confidentiality of communications between an advocate and their client.
“The nature of the information that the Applicant is required to give, as per the said notice, is privileged under section 134 of the Evidence Act, Cap 80 Laws of Kenya and the said privilege has not been waived by the client’s express consent,” reads the court papers.
He further asserts that the DCI’s actions are carried out in bad faith and based on an illegitimate complaint, whether from his client or any other complainant, noting thatthere is no valid reason to intitiate an investigation against him.
“The Notice to the Applicant is a clear attempt to victimize an advocate for a spirited defense of his client and is only meant to harass, silence and intimidate him, and by extension all Advocates of the High Court from exercising their noble duty of advancing the rule of law,” he argues.
Law Society of Kenya (LSK) Nairobi branch strongly denounced the summons served to Danstan Omari on Wednesday, viewing it as a tactic to intimidate, threaten, and impede Omari from fulfilling his obligation as an advocate and an officer of the court.