Matiang’i, police engage in hide and seek game

The whereabouts of former Interior Cabinet Secretary Fred Matiang’i remained a mystery yesterday, even as the Directorate of Criminal Investigations (DCI) summoned him afresh over claims that police raided his residence three weeks ago.

Even though sources close to the former powerful CS intimated to People Daily that he will turn up at the DCI headquarters this morning, his whereabouts remained uncertain.

Whereas some family members insisted that Matiang’i had returned on Saturday night, some sources within the police service appeared to dismiss their version, saying the former CS may not be in the country.

But early yesterday, the DCI issued a fresh summons on Matiang’i to appear at the headquarters on Kiambu Road to shed light on his claims that police had raided his home on February 9.

Prosecution

Should he turn up at 9:30 am as scheduled, Matiang’i is expected to be questioned over claims that his home was raided by a “battalion” of police officers on the night of February 8 and 9.

According to the summons, the raid claim was false.

“I hereby compel you Matiang’i to appear before me at DCI Headquarters Kiambu Road at Mazingira House on March 7, 2023, at 9:30 am without fail. Failure to comply with the requisition constitutes an offence liable to prosecution,” reads the summons issued by Senior Superintendent of police Micheal Sang, who is the head of Serious Crimes at the DCI.

The summons were served by police to Matiang’i’s lawyer Danstan Omari at Milimani Law Court yesterday at around 1:15 pm after the officers failed to find the former minister at his Karen residence.

The lawyer said he received them under protest on grounds that they ought to have been served on the former CS directly.

“I was being served at around 1.15 pm and they require the former CS to appear at 9.30 am. Considering that I have court matters and I have to get instructions from my client on his itinerary, this is quite a short notice,” Omari told journalists.

Return from UK

He said though Matiang’i is ready and willing to honour the summons, his appearance today would be subject to the diary of his lawyers.

It was not clear why the DCI had decided to serve the summonses to Omari instead of Matiang’i himself.

The media was also left on a wild goose chase as it attempted to establish the whereabouts of the former CS with sources indicating he had not been seen at his Karen residence since the day of the alleged raid.

More questions were also raised on why the police, who are said to have been looking for him for the last two weeks, could not arrest him on Saturday night when he allegedly returned to the country from the UK.

Matiang’i is said to have been on a visit to the United Kingdom to attend to an urgent private family matter.

His lawyer, Omari, had issued a statement saying his client was in the UK and would return to resume his routine as a private citizen.

“My client travelled on Sunday, February 19, 2023, via KLM (Passenger) Flight KL 566 on a regular private visit to the UK. Those familiar with his travel schedules over time will confirm that he travels regularly to that part of the world via KLM and — as was in this case — very openly, through open public means,” Omari said then.

Omari had then disclosed that the former CS had notified senior government officials in the security sector of his travel plans.

“Owing to his immediate role in the security sector and his status, I have instructions that my client informally notified senior security sector and diplomatic officials about his two-week trip to the UK. It is, therefore, unfair to cast aspersions on his movement,” said Omari.

The ex-CS is reported to have landed at the Jomo Kenyatta International Airport at 10 pm on Saturday night aboard KLM Flight 0566. None of Matiang’i’s lawyers and family members was willing to confirm on record his return.

In the fresh summons, DCI says it seeks to probe Matiang’i over allegations of Publication of False Information contrary to section 23 of the Computer Misuse and Cyber Crimes Act 2018 among other offences in regard to the alleged invasion and raid of his residence.

“I have reasons to believe that you, Fred Matiang’i, the former Cabinet Secretary, Ministry of Interior and National Co-ordination, are connected to the offence or have information that would assist me in my investigations,” Sang stated in the summons.

Declared wealth

The High Court in Nairobi has issued orders stopping the police from arresting Matiang’i but can interrogate or investigate him on any criminal offence. The orders barring the police from arresting Matiang’i, who is on Sh200,000 anticipatory bail, are in force until April 19.

The Ethics and Anti-Corruption Commission (EACC) has also opened a lifestyle audit on the former Cabinet Secretary who appears to be on the wanted list of previously powerful officials by President William Ruto’s government.

The EACC has written to the Chief of Staff and Head of Public Service Felix Koskei seeking information on the former minister’s declared wealth.

In the letter dated February 27, EACC chief executive Twalib Mbarak informed Koskei that the commission is currently conducting investigations involving Matiang’i.

Public Officers Ethics Act “Pursuant to Section 30(1) (4) (b) of the Public Officers Ethics Act, the commission wishes to request Certified Copies of Declaration of Income, Assets and Liabilities forms for years 2012 to 2022, including the initial and final declarations,” part of the letter said.

The EACC boss has delegated the agency’s detectives Abdul Low and Paul Mugwe to collect the documents from Koskei’s office at Harambee House.