NAIROBI, Kenya, Feb 15 – A Nairobi Court has declined to issue orders to the security firms at former Interior Cabinet Secretary Fred Matiangi’s home to provide CCTV footage on the alleged raid by police.
In its ruling, Senior principal Magistrate Wandia Nyamu indicated that an application of that nature must be heard before all parties.
She directed that the application be served upon Bob And Morgan security and Amsec security company and the matter be heard interparties on March 7.
However Matiangi’s lawyers led by Danstan Omari, Samson Nyaberi, Shadrack Wambui and Paul Macharia told journalists at milimani law courts that the DCI needs to follow due process of the law in making such an application.
They said the application brought under robbery with violence act is unlawful as the same has since been declared unconstitutional by a superior court.
They said the former CS insisted that there was no robbery in his residence and instead it was a raid by the police.
The lawyers pointed out that a similar application was made at the Kiambu Law Court and presiding Magistrate decline to issue orders that sort to have the cctv footage released by the two security firms.
They said the DCI should cease from conducting expeditions by moving from one court to another and instead take the issue at hand seriously as it constituted a security threat to the former CS.
The Amin Mohammed-led agency had claimed that Matiangi had stage-managed the raid in what subsequently prompted their investigations.
“This Honorable Court should issue an order compelling the manager of Bob Morgan Security Services Limited (the Respondent), or through his/her nominee, to allow, DCI Cyber forensic expert access and extract, the CCTV footage,” read in part the application filed in court.
The DCI has submitted an application to the magistrate court in Nairobi, stating that they are investigating an alleged attempted robbery, which violates section 297 of the Penal Code.
Officers drawn from an elite squad, as per Matiangi’s lawyers, visited his home in an unknown visit.
Mohammed and the Inspector General of Police Japhet Koome both subsequently denied having sanctioned the operation at Matiangi’s home.
“The DCI confirms that this was a deliberate and malicious attempt to spread false information and incite fear, and is nothing more than the highest form of fake news,” Mohammed said.
The detectives emphasized in the application their desire to uncover the identities of the individuals who visited Matiangi’s home, in order to bring closure to the matter.
“Preliminary investigations established that the said residential Karen Ngong view within Karen is covered by CCTV cameras manned by the respondent and therefore there is a need to retrieve the same for evidential purposes,” read the application.
