The Law Society of Kenya (LSK) has condemned the Directorate of Criminal Investigations (DCI) for summoning lawyer Danstan Omari over an alleged police raid at former Interior Cabinet Secretary Fred Matiang’i’s home.
In a letter to the National Police Service and also copied to the Director of Public Prosecutions, LSK Nairobi Branch termed the move meant to intimidate, threaten and prevent him from discharging his duties as an advocate.
“Lawyers in Kenya have been intimidated in the recent past by external forces that attempt to limit the right 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 dispensation of justice is now exerting undue pressure to frustrate the existing Advocate-Client relationship between the said Advocate and his client Dr Fred Matiang’I,” LSK stated.
According to the Branch’s Chairperson Helene Namisi , the alleged offences as highlighted in the notice have been used as tactics to cause the advocate to execute his duties to his client in fear.
“We strongly condemn the actions 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,” LSK added.
LSK says the DCI, NPS, DPP and the Judiciary must take appropriate and immediate measures to protect Advocates and channel efforts towards access to justice.
The lawyers called on their counterparts to show up at the DCI headquarters in solidarity with Omari tomorrow.
The DCI through detective Michael K. Sang a superintendent of police at DCI headquarters had asked the lawyer to report to the DCI HQ today without fail.
He linked the lawyer to the offence stating that; “I have reasons to believe that you, Danstan Omari, an Advocate of the High court of Kenya, is connected to the offence or has information which can assist me in my investigations,” he said.
Sang said that if Omari failed to avail himself at the DCI headquarters, the action would constitute “an offence liable to prosecution.”