In summary
●Three parties to sign Withdrawal agreement.
● The evidence adduced failed to meet prosecutorial threshold
●Matter to be dropped
Parties tos sign a truceA High Court Judge has given parties in a petition filed by former Interior Cabinet Secretary Fred Matiang’i to file a written consent in order to have the matter withdrawn.
Justice Kanyi Kimondo said the parties have seven days to have the matter withdrawn.
The judge directed the matter be mentioned on 7th June to confirm compliance.
Insufficient Evidence
“Upon independent and thorough analysis of the evidence availed and a review of the statements of the witnesses, the DPP found that the evidence provided was not sufficient to sustain the above charges against Matiang’i and Omari.
“The evidence provided did not meet the ingredients needed to prove each of the afore-mentioned offences as required by law,” prosecution counsel said.
Matiang’i through lawyer Danstan Omari had filed a petition seeking to stop his arrest and prosecution .
He also sought a conservatory order stopping Director of Criminal Investigation from sermoning in order to record a statement.
The court proceeded to issue conservatory order,an Matiang’i never appeared before the DCI.
According to the DCI,Matiang’i was to record a statement on allegations that a group of police had stormed his Karen residence seeking to collect some undisclosed documents but did not gain entry into his house.
Case To Dropped
With the new court ruling and Omari agreeing to the High Court’s request, the case will be officially closed without Matiang’i needing to appear before the court.
In his application he sued the DPP,DCI and IG.
By Rodgers Oduor
