Friday, March 10, 2023 – Lawyer Danstan Omari has scored yet another win over the Directorate of Criminal Investigations (DCI).
This is after the High Court extended orders barring the DCI from summoning him over an alleged raid at former CS Fred Matiang’i Karen’s home.
The court further ordered DCI not to interfere with the lawyer’s daily routine until the case was mentioned on April 18.
However, the office Director of Public Prosecutions filed an affidavit opposing the case, arguing that advocate-client privilege did not extend to acts that amount to committing a criminal offence.
The DPP argued that Omari had not demonstrated that the DCI acted without or in excess of the powers conferred upon them by the law.
“The police, in their capacity as an investigative agency, is statutorily authorised to summon any person for the purpose of interrogation if there is probable cause to believe that the person concerned is in possession or seized of information that may assist them in their investigations,” the court papers read in part.
In addition, DPP’s office further stated that Omari had not tabled any evidence to prove that he had been compelled to disclose privileged communication with his client.
“Omari’s orders are not supported by any factual or legal foundation because he voluntarily published in electronic media the instructions given to him by his client, so his complaint is merely an afterthought,” DPP’s office explained.
He added that his office was improperly enjoined as he was not part of the team investigating Omari.
The lawyer applied for the certificate of urgency on February 21, asking the High Court to quash the summon for interrogation by the DCI.
DCI has summoned Omari for grilling for allegedly publishing false information regarding the alleged raid on Matiang’i’s Karen home.
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