Court extends ban on lawyer Omari arrest
The High Court has extended orders barring the government from summoning, arresting and prosecuting Nairobi-based lawyer Danstan Omari on false claims on an alleged police raid at former Interior Cabinet Secretary Fred Matiangi’s Karen home
Justice Hedwig Ongund’i yesterday extended the orders restraining the Directorate of Criminal Investigations, Inspector General of Police, the Attroney General and Director of Public Prosecutions, their agents or people acting under their instructions from issuing summons, warrants, arresting, charging or prosecuting lawyer Omari, his agents or people working under his instruction until April 18,2023.
Pending matter
“The interim conservatory orders earlier issued in terms of prayer no 2 of the Notice of Motion dated February 21, 2023 are extended until the mention date,” the judge ordered.
Justice Ongund’i granted the Attorney General 15 days to file his grounds of opposition to the suit lodged by lawyer Omari.
She further declined a request by DCI, IG, AG and DPP to consolidate the constitutional suit with another related matter pending before Justice Jairus Ngaah of the Judicial Review Division in Milimani Nairobi where Omari is also challenging his summoning, arrest and prosecution.
“I will not call for the file pending before justice Ngaah, it is for petitioner (Lawyer Omari) to decide whether having this two matter heard in different courts is advancing the cause of justice,” Justice Ongund’i stated.
The first case was filed at the judicial review division and orders were issued and the second case was filed at the constitutional division which also has orders.
Omari through Lawyer Shadrack Wambui had objected to the consolidation for said the cases saying that they are very different as one questions the process and the other one addresses the fundamental threat to freedom.
