The Directorate of Criminal Investigations (DCI) is now seeking orders to access CCTV footage from former Interior Cabinet Secretary Fred Matiang'i's residence showing an alleged raid by the police last week.
In an application filed at Milimani Law Courts on Wednesday, the DCI wants to access the footage on grounds that detectives want to unmask the identity of the persons behind the alleged raid following claims that they were police officers.
According to the directorate, preliminary investigations into the incident have established that Matiang'i's Nairobi residence has surveillance cameras installed and controlled by a private security firm, Bob Morgan Security Services Limited.
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An affidavit filed in court by the DCI through Chief Inspector Eunice Njue states that detectives are investigating a case of an alleged attempted robbery.
The DCI disputes that police were involved in the said raid and says the National Police Service (NPS) did not sanction the same, hence access to the CCTV footage is necessary.
"The alleged raid was never sanctioned by the National Police Service and thus investigations to unmask the identities of those involved became necessary," court papers read in part.
In the application, the DCI is seeking orders compelling the private security company manager or his agents to allow the investigators to extract the footage for the period between 6.00pm on February 8 to midday on February 9, 2023.
"The applicant is praying that an order be served upon Bob Morgan Security Services Limited to provide access of the server system installed within the residential LR. No. 12302/9 Karen Ngong view in Karen and retrieval of the CCTV footage by the Director of Criminal Investigations cyber forensic expert and any other police officer authorized by the applicant (County DCI headquarters Nairobi)," officer Njue seeks
She states that on the morning of February 7, 2023, the media circulated news regarding a purported raid in Matiang'i's Nairobi home by unknown persons who were alleged to be police officers.
"The investigation team is apprehensive that if the CCTV footage is not promptly secured, the crucial evidence might be lost and thus plunging the ongoing investigations into jeopardy," the inspector says.
She states that according to Section 106B of Evidence Act the footage must be certified by an expert for it to be admissible in court since it is electronic evidence.
The move comes after the High Court last week barred police from arresting the former CS and granted him a Sh200,000 anticipatory bail pending investigations over alleged abuse of office.
The application is pending directions by the court on whether to allow the DCI's request to access the footage.
