According to the DPP, the investigating officers had provided insufficient evidence to warrant charges.
“Upon independent and thorough analysis of the evidence availed and a review of the statements of the witnesses, the Director of Public Prosecutions found that the evidence provided was not sufficient to sustain the above charges against Dr Fred Okeng’o Matiang’i and his advocate Mr Danstan Omari,” Haji said.
“The evidence provided did not meet the ingredients needed to prove each of the afore-mentioned offences as required by law,” he added.
The DPP directed the DCI to close the file without any further police action.
The DCI had recommended that the former CS be charged with conspiracy to commit a felony contrary to section 393 of the Penal Code.
They also wanted him charged with Publication of false information contrary to section 23 of the Computer and Misuse and Cybercrime Act No. 5 of 2018.
On Tuesday last week, Matiang’i presented himself before the DCI following summons to appear.
A stalemate ensured at DCI after former Interior CS refused to record a statement, and instead invoked the right to remain silent.
One of his lawyers Steve Mogaka said the investigators framed their two areas of interest to which Matiang’i on the advice of his legal team invoked his constitutional right to remain silent.
“The investigation team which appeared to be receiving orders from elsewhere threatened to arrest the CS. The legal team reminded the investigators that there is a court order ( anticipatory bail/ bond) restraining any such intended arrest,” said Mogaka in a Facebook post.
He added the frustrated investigators retreated to ‘consult’.