A standoff ensued at the DCI after former Interior Cabinet Secretary Fred Matiang’i refused to record a statement.
Matiang’I had presented himself to the DCI to record a statement but later decided to remain silent and declared he had nothing to say.
According to Steve Mogaka, one of his lawyers, the investigators framed their two areas of interest to which Matiang’i on the advice of his legal team invoked his constitutional right to remain silent.
“The investigation team which appeared to be receiving orders from elsewhere threatened to arrest the CS. The legal team reminded the investigators that there is a court order (anticipatory bail/ bond) restraining any such intended arrest,” said Mogaka in a Facebook post.
He added the frustrated investigators retreated to ‘ consult’.
“They are determined to violate the court orders and arrest the CS. We are holed at CID HQ as required by our professional calling to ensure no violation of the rights of any citizen including but not limited to Hon. Cs Dr Fred Matiang’i. I will keep the country informed.”
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Other sources said the lawyers were expecting the cross-examination to be in regard to the summons, but when they got to the DCI, the questions changed as the investigating officers started querying Matiang’i about his assets.
Matiangi apparently did not respond to any of the questions as per Article 49 of the Constitution, where a person has the right to remain silent, at which point the officers then stated that he will be arrested.
They then said they wanted to get his fingerprints and left, leaving the former CS and his team in the boardroom.
His legal team stated that they had anticipatory bail orders and will not allow their client to be detained unnecessarily.
Matiang’i arrived in the company of lawyers and went into an interrogation room where four senior officers from the Crime Research and Intelligence Bureau were waiting.
By mid-day, there were no signs of them getting out amid reports there were plans to charge Matiang’i.
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