The Law Society of Kenya has condemned the action by the Directorate of Criminal Investigation summoning the immediate former Interior Cabinet Secretary Fred Matiang’i’s lead lawyer Danstan Omari.
Omari was summoned by DCI to record a statement in the alleged Matiangi home raid.
The advocate was supposed to appear before the investigatory body Wednesday but declined to cite many cases (15) he was to represent.
LSK chairperson Nairobi Branch Helene Namisi Wednesday through a notice said summoning Omari is being used as tactic to sell fear and trepidation in their member while executing his duties.
“We strongly condemn the action taken by the DCI in attempting to curtail the advocate’s freedom of expression as provided under Article 19 of the Constitution. As per Section 134 of the Evidence Act, CAP. 80 the DCI should respect Advocate-Client privilege” the statement read.
Namisi said lawyers in Kenya have been intimidated in the recent past by external forces that attempt to limit their rights to representation and expression.
“We are outraged and apprehensive about the environment in which Kenyan lawyers have to practice. The advocate’s security is now in question as the body which is meant to work with the lawyers in the dispensation of justice is now exerting undue pressure to frustrate the existing Advocate-Client relationship between the said advocate and his client, Dr. Frd Matiang’i.”
Namisi said the heightened fear makes them remember the recently concluded case of the late advocate Willy Kimani as they continue to mourn the deaths of other advocates like Jared Ratemo, Stephen Mburu, and Antony Ngujiri among others.
She called on LSK members to turn up at DCI Headquarters on Thursday at 12:30 pm as a sign of solidarity with Omari.
LSK president Eric Theuri vowed to personally represent Omari at the DCI.
“We have asked the DCI to defer the summons issued to Danstan Omari to February 27, 2023, when I will personally represent him. LSK will not countenance any violation of the Client/Attorney privileges. We shall robustly defend our right to practice as by law provided,” he said.
