Milimani Court magistrate Wandia Nyamu has declined to issue orders compelling former Interior CS Fred Matiang'I to provide DCI with access to his Karen home CCTV footage.
She has instead directed the DCI, which had filed the application, to serve the papers to Bob Morgan Security Services and appear before duty court on March 7, 2023.
In the application, the DCI swore that it was investigating an alleged robbery at the former powerful Cabinet secretary's Nairobi home.
In its application, the investigative agency states that the allegation that the police had raided Matiangi's home was false.
"I am investigating a case of alleged attempted robbery contrary to section 297 of the Penal Code as per allegation in the public domain which has necessitated making of the subject application. I have been duly authorised by the applicant (DCI) to swear this affidavit," states Chief Inspector Eunice Njue reads in part.
The Mohamed Amin-led directorate wants Bob Morgan Security Services to provide CCTV footage of the night the police were claimed to have attempted to arrest Matiang'i.
The DCI also obtained orders to extract CCTV footage from Amsec Security Services Limited.
The application Njue filed before the Kiambu Magistrate's Court stated that the investigations were aimed at unearthing the people involved in the alleged raid.
"The alleged raid was never sanctioned by the National Police Service thus investigation to unmask the identities of those involved became necessary," court papers read in part.
Last week Justice Kanyi Kimondo granted Matiang'i a Sh200,000 anticipatory bail to forestall his arrest
Matiang'i had moved to court seeking bail after alleging that the State planned to arrest him.
In his application, Matiang'i averred that a raid on his home in Karen, Nairobi, was a political witch-hunt by the government.
He swore that confidential sources had informed him that he was to be arrested by the Ethics and Anti-Corruption Commission (EACC) and charged with abuse of office.
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