The High court has directed that orders barring the police from summoning lawyer Danstan Omari over an alleged police raid on former Interior CS Fred Matiang’I’s Karen home, be extended.
The court directed that the matter be mentioned on April 18 for further direction after parties file and serve their responses to the petition.
Meanwhile, the Inspector of General of Police has filed his responses arguing that advocate-client privilege does not extend to acts that amount to the commission of a criminal offence.
“The police in their capacity as an investigative agency are statutorily permitted to summon any person for purposes of interrogations …..the summons to a person suspected of the commission of a criminal offence are constitutionally envisaged under Article 47(1), (2) as read together with Article 50(1),” reads court papers.
Further, the police have asked the court not to grant the orders sought by Omari, saying they will be denied their mandate duty to detect and investigate.
In the case, Omari moved to court saying that his rights as an advocate are being violated adding that the summons by police is an affront to functionality of advocate by intruding to the communications they hold with a client and an attempt to intimidate advocates who take briefs .
The matter was mentioned before Justice Hedwig Ongudi who directed the interested party –Law Society of Kenya to file their responses.
