A lawyer has said former President Daniel Arap Moi will not in any way mourn deceased multiparty icon Kenneth Matiba.

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Nelson Havi said on Friday Moi's decision to send a condolence message to the family of the late former Mbiri (now Kiharu) MP will elicit criticism from Kenyans as Matiba suffered arrests and detention during his regime.

Matiba developed a stroke that paralyzed part of his body for many years while in prison after being arrested when Moi was president as he agitated for reforms including the reintroduction of multiparty politics in Kenya after its ban.

"We can safely conclude that Baba Moi will not send a condolence message to the family of Kenneth Matiba," Havi, one of opposition NASA coalition's lawyers said.

"Not because he does not want to, but because of how many Kenyans will transform themselves to Julius Malema."

Julius Malema is South African MP who recently told critics who instilled suffering to former South Africa President the late Nelson Mandela's wife Winnie Madikizela Mandela as she agitated for the ban of apartheid in the South African nation.

Matiba died five days ago after being admitted to the Karen Hospital.

He will remain among Kenyans who served in a high ranking position at a young age as he worked as Permanent Secretary when he was only 28 years.