Court orders police to return Jimi Wanjigi’s guns
Businessman Jimi Wanjigi address the media outside the Directorate of Criminal Investigations' headquarters on February 8, 2018.
A court has ordered Directorate of Criminal Investigations (DCI) boss George Kinoti to return businessman Jimi Wanjigi's seven firearms and ammunition within 30 days.
Justice Anthony Mrima said the DCI has until March 25 to comply with the directive issued on June 21, 2019 by Justice Chacha Mwita.
In the orders, the judge had directed the DCI, Inspector General of Police (IG) and the Director of Public Prosecutions (DPP) to return all firearms and ammunition carted away from Mr Wanjigi’s residence during a raid by security authorities in October 2017.
The confiscated firearms include one pistol (make Smith and Wesson), one Glock pistol, one assault rifle (make Mini Archer) attached with a laser, one Glock 19 pistol and one assault rifle (make M4CQ).
However, the DCI delayed in complying with the orders, prompting Mr Wanjigi to file a contempt of court application in September 2020 seeking to have the chief detective punished for disobedience of a court order.
The ruling
Justice Mwita had ruled that the State acted irrationally by carting away the businessman’s guns while he still held a valid licence to keep the weapons. The judge said the businessman’s rights were violated by the State when seizing the guns.
“The actions of the respondents (DCI, IG and DPP) were unlawful and actuated by malice. The court grants orders that all firearms be returned to the plaintiff,” ruled Justice Mwita. Mr Wanjigi filed the petition together with his wife Irene Nzisa.
They indicated that on October 16, 2017, police raided and broke into their residential premises in Muthaiga estate, Nairobi County, without a search warrant.
The couple said for three days, backed up by more than 100 armed police officers, the security agents laid siege and barricaded the residence, restricting entry and exit. The petitioners added their guests and lawyers were also denied entry.
Court papers indicated that the police illegally searched and destroyed the couple's property, broke down doors, destroyed CCTV installations and terrorised their family.
The further claimed the officers confiscated, among other items, Mr Wanjigi’s licensed firearms and ammunition as well as those of his associate, Mr Boniface Mwaura and his father, Mr Maina Wanjigi.
The petitioners stated that despite conservatory orders issued on October 17, 2017, the police officers willfully disobeyed and disregarded the said orders.
