The Director of Public Prosecutions has defended the DCI’s decision to summon lawyer Danstan Omari.
Omari is haunted by his connection with the ex-Interior CS Fred Matiang’i house raid saga.
The DPP claims in an affidavit filed in opposition to Omari’s case before the constitutional court that advocate-client privilege does not extend to activities that amount to the commission of a criminal offence.
“The police in their capacity as an investigative agency is statutorily permitted to summon any person for purposes of interrogation provided there is probable cause to believe that the person concerned is possessed or seized of information that may assist them in their investigations,” read court papers.
According to the DPP, Omari has not proved that the DCI acted in excess of the authorities or that they infringed, violated, contravened, or otherwise failed to comply with or respect the provisions of the Constitution.
“The notice he is inviting this honourable court to quash is merely an invitation to assist the 1st and 2nd respondent in providing useful information that might assist in the investigation,” court papers read.
The DPP has requested the court not to grant Omari’s prayers because doing so would violate the police’s statutory and constitutional responsibility to identify and investigate a suspected criminal offense to its logical conclusion.
DPP further stated that the orders requested by Omari are not supported by any factual or legal foundation because it is in the public domain that he freely disclosed in electronic media the instructions provided to him by his client, making his complaint an afterthought.
