Kenya: Matiangi to Face Conspiracy to Commit a Felony, Publishing False Information Charges

Nairobi — Former Interior Cabinet Secretary Fred Matiangi is set to face various charges including a conspiracy to commit a felony following allegations of a raid at his Karen home.

A charge sheet from the Directorate of Criminal Investigations shows that Matiangi will be charged with publishing false information with intent to cause panic.

The other charges include conspiracy to commit a felony and Publication of False Information.

The felony charge given preferred against him said “between 8th February 2023 and 9th February 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 his house had been raided by a battalion and or Garrison of Police officers intending to arrest you a fact you knew to be false.”

The detectives also warned Matiangi against making any comments on the matter saying it will be used against him in court.

“I caution you that you are not obliged to say anything unless you wish to do so but whatever you say, shall be taken down in writing and may be given as evidence in court,” warned Maurice Shiraho, a Chief Inspector of Police attached to Investigation Bureau of DCI Headquarters, Serious Crimes Unit

Matiangi’s lawyer Danstan Omari said detectives were yet to agree the day the former security boss would be charged.

“They are trying to set the day he will be charged yet the court is the one to decide. We refuse,” he said.

He added they refused the charges of pilfering.

The former CS who was grilled at the DCI headquarters from 9.30am today was accompanied by a battery of lawyers.

Lawyer Omari said that the former security boss was grilled for around 15 minutes adding that at first, he was being interrogated on issues related to his properties but they advised their client against commenting on it.

“We completely advised the CS(Matiangi) not to respond to anything outside what the summons were. We advised the CS to invoke Article 49, to remain silent and not to answer anything. The CS complied with our directions,” Omari said.

He added that after that the officers informed them that they would retreat to “consult” which Omari said took more than six hours.

Lawyer Omari went on to say that the fact that it took the officers hours to get back to them means they “Directions were coming from outside the investigators.”

He added that the officers got back to them when they (lawyers) threatened to leave the premises.

Omari pointed out that the detectives also attempted to get the logo of petty thieves to put on the CS which they opposed.

“We objected vehemently and almost exchanged blows. It is not provided for in law. It has been declared illegal and unconstitutional by Justice Kimaru,” he said.

He added that Matiangi will be presented in court on the date provided.

Azimio La Umoja One Kenya leader Raila Odinga was also denied access to the DCI headquarters where he had gone to express solidarity with Matiangi.

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