Criminal investigations boss George Kinoti Monday skipped a High Court session for sentencing for disobeying an order to return seven firearms confiscated from businessman Jimi Wanjigi.
Mr Kinoti was expected to appear before Justice Antony Mrima for mitigation before sentencing.
He had been ordered to attend court in person for committal to civil jail, failure of which he would be fined for disobeying an order issued on February 12, requiring him to return the firearms within 30 days.
In court on Monday, Justice Mrima ordered Mr Kinoti to attend court for sentencing on November 18. The proceedings were held in camera.
Outside the Milimani Law Courts, where the proceedings took place in camera, Mr Wanjigi told the media that he wanted to look Mr Kinoti in the eye and ask him why he disobeyed the order.
He expressed satisfaction in the way the court handled his case, saying: “I have total faith in the justice system in Kenya.”
Presidential hopeful Jimi Wanjigi leaves the Milimani Law Courts in Nairobi on September 27, 2021, after his case to have DCI boss George Kinoti jailed for defying court orders was adjourned.
Mr Kinoti, who heads the Directorate of Criminal Investigations, was to comply with a directive issued on June 21, 2019 by Justice Chacha Mwita.
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 residences during raids 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 disobeying a court order.
Justice Mwita had ruled that the State acted irrationally by carting away the businessman’s guns since he had valid licences to keep the weapons.
"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.
They indicated that on October 16, 2017, police raided their residential premises in Muthaiga estate, Nairobi County, without a search warrant.
The couple said that 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, including doors and CCTV installations, and terrorised their family.
They 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 issuing of conservatory orders on October 17, 2017, the police officers willfully disobeyed and disregarded the said orders.
During the raid, police also seized 646 bullets.
The businessman sued a month later, seeking the return of his firearms, compensation for destruction of property and violation of his rights.
Presidential hopeful Jimi Wanjigi's car is pictured as he leaves the Milimani Law Courts in Nairobi on September 27, 2021.
Photo credit: Dennis Onsongo | Nation Media Group
In response, police said they earlier raided a house in Malindi and found five pistols following a tip-off.
That prompted officers to proceed to Mr Wanjigi’s house in Nairobi a day later, prosecutors told the court.
Police insist that they got a search warrant on October 17, 2017 and only used reasonable force to gain entrance to the homestead after Mr Wanjigi refused to open the door.
It added that the search the following day was legal as a warrant was only issues that morning. Justice Mwita said Mr Wanjigi failed to produce evidence of police having been served with orders to stop the search.
“Once a firearm certificate has been issued, the police have no mandate to confiscate the holder’s firearm without lawful cause,” he said.
