Piece by: THE STAR TEAM

10 February 2023

• Matiang'i has sought and obtained a court injunction to stop any plans to arrest him.

• Raila was among the political elite at Matiangi's home.

Panic has hit former Cabinet Secretaries and top government bureaucrats who served under President Uhuru Kenyatta after former Interior CS Fred Matiang'i alleged a police raid at his Nairobi home.

Sources told the Star at least two former ministers and a principal secretary were separately preparing to seek their own anticipatory bail from court for what they believe are impending arrests.

On Thursday evening, the High Court barred the police and any other state agencies from arresting former CS Matiang'i.

Justice Kanyi Kimondo granted him a Sh200,000 personal bond.

The mystery of the alleged raid took a new twist as top security agencies vehemently denied any involvement.

DCI Boss Mohamed Amin termed the arrest claims a well-coordinated and deliberate attempt by Matiang'i himself to "incite public fear".

He did not rule out Matiang'i arrest in future.

"For the record, i can confirm that none of the cases under investigations so far have reached the stage, which requires the assistance or attendance of Dr Matiang'i," Amin stated

The political elite around President William Ruto gave a significant hint, vowing to revisit the Ruaraka land scandal and extrajudicial killings allegedly sanctioned by the previous regime.

Matiang'i was Uhuru's blue-eyed boy and de facto Prime Minister whose arrest critics say would be indirectly taking the war to Uhuru's doorstep.

From Wednesday night, there was panic in Uhuru's former team amid claims the crackdown could have many casualties.

“There are anticipatory bail applications being drafted, that is for sure,” an insider aware of the intrigues told the Star.

As Deputy President, Ruto fell out with nearly all Uhuru bureaucrats.

Matiang'i's lawyer Dunstan Omari said on Wednesday that even Uhuru is going to be swept up in the raid.

“We are told the entire Cabinet [former], including the former President, is going to be swept up in this raid,” he said.

Before his election, Ruto had initially promised to establish “within 30 days, a quasi-judicial public inquiry to establish the extent of cronyism and state capture in the nation and make recommendations”.

The plan appears to have been abandoned.

As Matiang'i moved to court to block his arrest, the security apparatus and the prosecution separately denied pursuing the ex-CS.

Director of Public Prosecutions Noordin Haji, who approves charges before a suspect is arrested, said he has no active file on the former Cabinet Secretary.

“This is drama. There is nothing in existence [active investigation] and people shouldn’t dramatise issues. And if there is any, nobody is above the law,” Haji said.

Interior Cabinet Secretary Kithure Kindiki also dismissed the allegations of police raiding his predecessor's home as "utterly false".

“No police officer(s) or any security agent from any Government institution or department was dispatched to the home of Dr Matiang’i to arrest, harass or otherwise interfere with his constitutional rights in any manner whatsoever,” Kindiki said.

The CS further indicated that he had confirmed with commands of the National Police Service, EACC, KRA and all law enforcement agencies, which indicated they have no orders to the effect of arresting Matiang'i.

“Our country’s security agencies remain apolitical and focused on addressing the security challenges that our nation is facing,” he said, urging any person with information relating to the alleged raid to file a formal complaint.

This was also the position taken by Inspector General of police Japhet Koome.

“There is no officer under the National Police Service who was at the former CS home. We have checked and I can confirm,” he said.

The Ethics and Anti-Corruption Commission Chief Executive Officer Twalib Mbarak too denied involvement.

However, those close to the Matiang'i say he was tipped by insiders within the Police Service.

The former CS then mobilised his lawyers and the political elite.

Opposition Chief Raila Odinga was among those who pitched camp at Matiangi's home on Wednesday night.

The officers were reportedly in five cars, most of them in with civilian number plates

In his court papers, Matiang'i said he had received credible information from police officers "that they are under express instructions to arbitrarily capture and arrest me.”

Matiang’i further stated that the arrest would be “with a view of arraigning him in court for ulterior political motives".

“The applicant is under imminent threat of arrest by the respondents and is justifiably apprehensive that his constitutional rights are being violated,” the CS told the court.

Even so, there are reports that some government agencies have been conducting audits of former officials in readiness for action.

Matiang'i himself had earlier said he was informed there were plans for the raid.

This prompted him to call his lawyers and friends for advice. insisting he had done nothing to warrant what he termed harassment.

“I was told by reliable officials there were such plans to harass me and my family. I am innocent and this is wrong.”

“We are law-abiding citizens and as a former government official it is pure harassment,” he said.

Kenya Kwanza loyalists have, however, dismissed the events as ‘scripted to evoke public emotion and sympathy’.

Kikuyu MP Kimani Ichung’wah, a key Ruto ally, challenged the claimants to share a video or picture of the police officers who raided the home.

“It was an acted script…a poorly scripted drama to evoke public emotions and salvage the dwindling Azimio following in its subversive activities,” the Leader of Majority said.

He added that the Azimio team had allegedly staged the raid as a diversionary tactic in the face of its members trooping to Ruto's camp.

“Last night's drama was to excite emotions, invoke public sympathy and a perfect case of the guilty being afraid.”

Ichung'wah said that unlike when police raided their Kenya Kwanza compatriots Oscar Sudi, Ndindi Nyoro and ex-Bomet Senator Christopher Lagat, the officers were seen and pictures were taken.

“We want to challenge the scripter of last night’s drama to show a single picture or video recording of the officers who were at the residence. They want to tell us there was not even a CCTV or pictures from his phone or his workers?”

Ichung’wah, accompanied by several Kenya Kwanza MPs, said they will not be distracted.

“To Matiang'i, this government will not act as carelessly and irresponsibly as they did during their time. Wait for the law to catch up with you.”

From his statement during the presser at Parliament, the Kikuyu MP let the cat out of the bag, indicating the new government was keen on the Ruaraka land case and extrajudicial killings allegedly sanctioned by the previous regime.

Nandi Senator Samson Cherargeisaid, "There's the small matter of Ruaraka land which was not resolved. Let us allow the police to do their job."

But Rarieda MP Otiende Amollo questioned the whereabouts of the security personnel assigned to the former CS at the time of the raid.

“Where were the police when unknown people raided the home? Where’s his police protection as a former Interior Cabinet Secretary,” the MP asked.