The High Court has granted former Interior Cabinet Secretary Fred Matiang’i anticipatory bail barring police or any other state agencies from arresting him.
Dr. Matiang’i moved to court on Thursday morning following an alleged police raid at his Nairobi home on Wednesday.
In his application, the former powerful minister said he was made aware of an imminent arrest by the Ethics and Anti-Corruption Commission (EACC) for alleged abuse of office.
“Through a confidential source, I was reliably informed that the Ethics and Anti-Corruption Commission had also received instructions between February 6-9, 2023 to open a criminal file and charge me with trumped-up charges of abuse of office,” Matiang’i submitted.
“The powers of arrest by the respondents and the Kenya Police are being abused and misused to harass, intimidate and oppress the applicant and his former cabinet colleagues and the former president; and to achieve extraneous political purposes unconnected with upholding the Law,” he added.
The former CS also noted that the current government first withdrew his security before a contingent of police officers raided his home.
Matiang’i said his security was withdrawn a day after he spoke at Prof George Magoha’s home.
“The second respondent (Inspector General of Police Japheth Koome) has already demonstrated malicious intent and a clear disregard for the rule of law by abusing due process as evidenced by the reduction and withdrawal of the security officers assigned to the Applicant, thereby exposing him to harm despite the sensitive nature of his last post as cabinet secretary,” he said.
Matiang’i, through lawyer Danstan Omar, said the plot to arrest him was discussed and formulated on January 30, 2023, at the sidelines of the 16th Annual General Meeting of the Africa Prosecutors’ Association (APA) held at Mombasa.
“True to their words, on the afternoon of the 9th February 2023, my family home in Karen was raided, surrounded, and cordoned off by police officers who were seeking to arrest me. The police officers barricaded the entry to my house and only retreated after the media and my Advocates arrived and the story of my impending arrest went viral on social media platforms.”
Matiang’i sued Director of Criminal Investigations (DCI) boss Amin Mohamed, Koome, Director of Public Prosecution Noordin Haji, Ethics and Anti Corruption Commission (EACC), Independent Police Oversight Authority (IPOA) and the National Police Service Commission (NPSC).
He also enjoined the Kenya National Commission on Human Rights (KNHCR) and the Law Society of Kenya (LSK).
The case will be mentioned on February 23 after Justice Kanyi Kimondo granted Matiang’i Sh200,000 personal bond.