The High Court has declined to set aside or review the four-month jail sentence issued to DCI Boss George Kinoti.
In aThe High Court has declined to set aside or review the four-month jail sentence issued to DCI Boss George Kinoti. In a ruling delivered on Monday, Justice Anthony Mrima said that he could not ignore previous judgments dealing with firearms custody when it came time for judgment in this case and an order remains in force against him.
Although the DCI boss stated that the firearms were in the hands of the firearms licensing board, the Judge stated that no evidence of how they were turned over to the board had ever been presented in court.
“All government communication are in writing, but in this particular case, there was no evidence produced to confirm the manner or the date in which the petitioner transmitted the firearms to the board,” Justice Anthony Mrima said on Monday.
The lack of evidence to substantiate the claimed transfer, according to a judge confirm that these firearms are still in control. The DCI boss had been sentenced to four months at Kamiti Maximum prison for contempt of court and has failed an order from businessman Jimi Wanjigi as he was supposed too; on November 24 Attorney General Kihara filed an application with High Court asking it suspend Kinoti’s sentence pending hearing his petition (which we will discuss next).
Kinoti was sentenced to four months in prison for contempt of court last Thursday after failing to comply with an order that he return firearms seized from businessman Jimi Wanjigi. He has until Thursday, July 20th 2019 (7 days) at the latest; failure which will lead up his arrest by police authorities if they haven’t done so already. The AG claims it wrongfully dispatched charges against Kinoti because as custodianship belongs solely under their Firearms Licencing Board.”
“The DCI has since written to the Attorney-General instructing them to write to Mr. Wanjigi’s advocates, informing them to collect their firearms from the board. By doing so, the DCI has purged the contempt,” states AG Kariuki in court papers seen by Daily Nation.
“Wanjigi maliciously failed to failed to disclose to this court material facts which if were disclosed, the court would have arrived at a different decision,” he adds, referring to Kinoti’s claims that he had already informed Wanjigi to get his guns from the board even before the court sentence.
On Sunday, Kinoti said he would rather go to jail than return Wanjigi’s confiscated firearms, saying he does have custody of the firearms in question.
“The petitioner and the judge know it’s the board that is the custodian of civilian firearms. But instead of the court asking the right authority, they turn to Kinoti,” said Kinoti.
“What is the nexus between the DCI and the person whose license was revoked?The DCI, even if he is jailed for 100 years, can’t give Wanjigi firearms he doesn’t have,” he added.