Why former CS Matiang'i failed to honour DCI summons

Former Interior Cabinet Secretary (CS) Dr. Fred Matiang'i has failed to adhere to summons issued by the Directorate of Criminal Investigations (DCI) ordering him to present himself for questioning over the alleged police raid at his house two weeks ago.

This is after Senior Superintendent of Police Michael Sang on Thursday issued a directive compelling Matiang'i to appear at DCI headquarters on Friday morning, without fail, on grounds that he could have published false information regarding the alleged police raid a fortnight ago.

Speaking outside the Milimani Law Courts on Friday, Matiangi's lawyer Danstan Omari, dismissed the alleged summons noting that neither the former CS nor his legal representatives had received such a directive.

According to the seasoned lawyer, the law compels investigative agencies to serve summons in person to individuals it is targeting for questioning but this was not the case when Sang issued his orders.

The law, Omari added, also states that summons should be signed and witnessed by at least three senior police officers and that the legal team of the summons' target should confirm receipt of the orders in writing.

"A proper summon under the NPS Act must be signed and witnessed by police officers. Show me one where the police have signed similar to mine where there were three signatures of police officers," said Omari in reference to an earlier DCI summon that directed him to present himself for questioning over the same offence Matiang'i is accused of committing.

"A summon must be served in person to the person it is targeting. Show me a summon that has been served to Dr. Fred Matiang'i and he or his advocate has put a signature there."

While noting that the High Court order barring the DCI from arresting Matiang'i does not stop him from being investigated by the agency, Omari slammed the DCI for not following procedures on how summons ought to be served.

"Matiang'i has nothing to hide but the investigation must be done within the law. You can see the mode of operation of the new DCI, a complete departure that proves that somebody doesn't know how the law is to be applied in serving of summons," he said.  

He added that should the DCI follow the set guidelines on summons, Matiang'i will willingly present himself for questioning.

"When my client will be served within the law, he will be the first one to appear before any investigative agency in this country," said Omari.

"Any narrative to show Matiang'i as somebody not ready to comply with the police is politics, it is hot air from the DCI and that is why we have put it to the attention of the entire country."

Omari did not reveal the whereabouts of Matiang'i, who has not been seen in public following the alleged raid, but revealed that he has been in constant communication with the former minister who he says remains safe for now.